Legal Question in Employment Law in California

Am I Responsible?

I worked for my ex-epmloyer for 14months. I quit in the middle of 01/04. He was very upset that i was leaving because I told him i was going to start my own business. I signed the non-compete agreement on 10/04 under false pretenses. He had his attorney write me a letter that if i did not ceast & desist then he would pursue legal actions. I had an attorney respond to the letter. Then in the middle of April I rec'd another letter stating I will have to pay $4500 for data recovery for the e-mails I deleted before I left or he will pursue legal action. They told me they had a back up of all the e-mails and now he's saying he doesn't have a back up of them. I actually told them in the beginning of 02/04 that I deleted my e-mails from my computer. They didn't mention anything about the e-mails in the first letter even knowing at that time I had deleted the e-mails. If the e-mails were so important, then is it my reponsilbilty to make sure there was a back up? Any advice would help... Thank you


Asked on 5/10/04, 3:47 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Am I Responsible?

You should be getting an opinion from your attorney who knows all the facts. IF you are seeking new counsel, then you will need to fully educate the new attorney before being able to gee an informed and intelligent opinion. Bottom line is that if they sue, you will have to defend. You better figure out quickly if they have good grounds to do so, so that you can then negotiate intelligently to avoid being sued. Contact me if you want to consult and get an informed opinion.

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Answered on 5/11/04, 3:43 pm


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