A legal question

[89th]

So my current employer had their lawyer send an email to a number of employees, including me, with an “HOLD FOR LITIGATION” instruction to not delete any documents, emails, text messages, storage drives, etc…that relate to any communications had with some Employees A B and C, I’ll say… Because my employer claims these 3 employees are starting their own company and trying to poach existing employees.

Anyway, my main question is what kind of authority does the corporate lawyer have over what I do with any of my personal records, obviously outside of corporate email or messaging systems?

I am mostly on the sidelines with this, but just curious on their jurisdiction or authority over my personal emails or text messages, for example.

[Aqua Letifer]

Entirely depends on the documents you signed, and whether or not those documents, storage drives etc. are on personal or work hardware.

[Mik]

I would guess it only pertains to emails using company resources, either software or hardware. Not convinced it could possibly apply to your personal email account.

I take it you have been approached.

[89th]

Yup I am an employee those 3 have approached about joining their company. So I’m pretty innocent other than being someone they have approached. Just was a bit surprised with the lawyer’s “hold” notice which felt like an overreach if they are trying to dictate what I can do with my personal accounts and devices. Honestly I don’t really care, I was just curious since normally I feel like that wide of a mandate would have to come from a court, not a corporate lawyer.

[Copper]

Did the notification mention how they would enforce this order?

If I was the lawyer, and I had some way to enforce this order, I would make sure you knew that it could be enforced.

[89th]

Nope, no enforcement. And I checked, it includes personal email accounts, text messages, etc. Seems like an overreach, but I don’t really delete anything anyway so no harm no foul.

[Mik]

They would have to subpoena you to get anything personal, unless you are willing to turn it over. Even then I’m not sure they could force you to turn anything over. My guess is they are bluffing, hoping you’d just comply to keep your position safe. It would, however, seem to indicate they know you were contacted.

[89th]

@Mik said in A legal question:

They would have to subpoena you to get anything personal, unless you are willing to turn it over. Even then I’m not sure they could force you to turn anything over. My guess is they are bluffing, hoping you’d just comply to keep your position safe. It would, however, seem to indicate they know you were contacted.

You’re a smart man. I’m on a project team of 10 folks and my employer knew the new company wanted to flip us to their side as a whole, so yes I was on their radar by association.

That being said, I just learned that the employees starting their own company have decided not to fight this in court so they essentially blinked at what was probably a bluff and are not proceeding with any poaching. Interesting to watch, especially with a front row seat.

[Mik]

I’ve been in a similar position 30 years ago or so. I went with the new company, which did not turn out well.

I assume your company has a non solicitation clause in the non compete. You really don’t want to get in the middle of that.

[89th]

@Mik as always, appreciated! It seems things for now have calmed down and there are no employer changes, except for maybe the 3 former employees.

[Jolly]

Just a caveat...I have worked a job where the company did control some personal accounts. We were banned from Facebook and some other social media platforms. We could participate on LinkedIn, but there were strict guidelines.

[George K]

@Mik said in A legal question:

I assume your company has a non solicitation clause in the non compete. You really don’t want to get in the middle of that.

Yup. It's an adventure when an individual does that. When two companies go at it...