Legal Question in Legal Ethics in New York

If an employee accesses a work customer database and uses that information for their own selfish purposes (to solicit business for their hobby side business) without permission, is that illegal? Does the company have legal recourse for the backlash from customers? Can the customers sue that person? Can the customers sue the company?


Asked on 10/24/17, 10:39 am

1 Answer from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Generally speaking, it is illegal in as much as the employee used a company asset (the database) without permission and for the employee's sole benefit. In addition the employee may have violated the CAN-SPAM law as well as other provisions. Depending on the nature of the database, if the database included customers' "personal information", the company and employee may be in violation of the law protecting unauthorized use of this type of information. In such case the company may seek redress with the employee.

Therefore, injured customers may bring action against the employee and against the company and the company may bring action against the employee.

It is important to consult an attorney whether one is the employee or the company to avoid any further missteps and unnecessarily increasing liability. Please contact me directly for a consultation.

Roman R. Fichman, Esq.

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Answered on 10/24/17, 11:08 am


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