unauthorized data access injunction from ex-employer

[usman]

What is the name of your state (only U.S. law)? new york

Hi there,

I have been served a hearing notice for a temporary injunction in the US Federal court from my ex-employer. Confidentiality is their most valued asset. I offered to come clean and volunteer to hand over all devices in my possession so that they examine remove any information that may be harmful to them. They are happy with this. However, in return I want to settle out of court but they want both private contract agreements and a permanent court injunction without hearing.
Am i correct to stick to my guns because the permanent injuction will tarnish my career opportunities and more.

What are the harms of a permanent court injunction?
What is the potential benefit for employer to insist on such an order?
what should I do?

Thank you.

 

[adjusterjack]

There is a possibility that they are setting you up for criminal prosecution.

My advice: Keep your mouth shut and hire a lawyer.

 

[quincy]

What is the name of your state (only U.S. law)? new york

Hi there,

I have been served a hearing notice for a temporary injunction in the US Federal court from my ex-employer. Confidentiality is their most valued asset. I offered to come clean and volunteer to hand over all devices in my possession so that they examine remove any information that may be harmful to them. They are happy with this. However, in return I want to settle out of court but they want both private contract agreements and a permanent court injunction without hearing.
Am i correct to stick to my guns because the permanent injuction will tarnish my career opportunities and more.

What are the harms of a permanent court injunction?
What is the potential benefit for employer to insist on such an order?
what should I do?

Thank you.

"I offered to come clean ..."

What do you mean by that?

I am not sure that you are in a position to "stick to your guns" if you are the defendant in a breach of contract suit.

A permanent injunction can order the one enjoined to do or not do a variety of things. Violating a permanent injunction would be contempt of a court order and the violator can be fined and/or jailed. The burden of proof, to show justification for the violation, is on the one enjoined.

 

[usman]

"I offered to come clean ..."

What do you mean by that?

I am not sure that you are in a position to "stick to your guns" if you are the defendant in a breach of contract suit.

A permanent injunction can order the one enjoined to do or not do a variety of things. Violating a permanent injunction would be contempt of a court order and the violator can be fined and/or jailed. The burden of proof, to show justification for the violation, is on the one enjoined.

I mean make best effort to undo anything I am accused of and limit employer's potential exposure.
Well, court can order me erase all relevant data and impose fines. But if i voluntarily offer them my devices, the employer can hire pros who can do it for sure. Because the way data works, even if i delete files and dispose the device, some pro can easily recover these files using advanced techniques. that can expose the employer once again.

 

[usman]

There is a possibility that they are setting you up for criminal prosecution.

My advice: Keep your mouth shut and hire a lawyer.

Thanks for your interest and great observation. I feel that too. They want all data first and are offering all term details later. I requested the other way around. Can I get them to agree not to use any of the findings against me? the two benefits i see of out of court settlement are maintenance of my reputation and current/future employment. They get the assurance that the best tech guys make sure there is no recoverable confidential data. Right now, they are only offering me protection from monetary liability, but they are reserving the right to change that as well.

 

[quincy]

I mean make best effort to undo anything I am accused of and limit employer's potential exposure.
Well, court can order me erase all relevant data and impose fines. But if i voluntarily offer them my devices, the employer can hire pros who can do it for sure. Because the way data works, even if i delete files and dispose the device, some pro can easily recover these files using advanced techniques. that can expose the employer once again.

Is this a breach of contract/misappropriation of a trade secret action?

A forensics analysis of your electronic devices will turn up evidence of any misappropriated data (even that which has been deleted or "wiped" from the devices) and any unauthorized data discovered can be used by the employer to support an injunction.

If this is a trade secret action, turning the devices over to the employer is not enough to prevent the use or disclosure of secrets in the future. A permanent injunction can do this because it prohibits use and disclosure and the penalties for violating the permanent injunction can be harsh. Actual damages (profits/losses) and punitive damages can be awarded in a civil action, and criminal charges could be filed.

You have not provided many details here and it is smart that you don't. The details should be provided only to your attorney. And, if you do not yet have an attorney for the upcoming hearing, I recommend you get one.

An additional note: This is likely to be settled prior to trial.

Good luck.

 

[usman]

Best advice. Thank you.

Is this a breach of contract/misappropriation of a trade secret action?

A forensics analysis of your electronic devices will turn up evidence of any misappropriated data (even that which has been deleted or "wiped" from the devices) and any unauthorized data discovered can be used by the employer to support an injunction.

If this is a trade secret action, turning the devices over to the employer is not enough to prevent the use or disclosure of secrets in the future. A permanent injunction can do this because it prohibits use and disclosure and the penalties for violating the permanent injunction can be harsh. Actual damages (profits/losses) and punitive damages can be awarded in a civil action, and criminal charges could be filed.

You have not provided many details here and it is smart that you don't. The details should be provided only to your attorney. And, if you do not yet have an attorney for the upcoming hearing, I recommend you get one.

An additional note: This is likely to be settled prior to trial.

Good luck.

Thank you, good sir!

 

[quincy]

Thank you, good sir!

You're welcome, usman. Thanks for the thanks.

Good luck.