Abusive Boss

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13

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  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    Yep. OK, I am potentially willing to change my view (as I said earlier) since people seem to believe that computer data has a special status. However, my point about not knowing what s/he has taken (which you have acknowledged :) ) - if it was an Excel file which the OP has edited to show client identifier, date of sale and commission due, for example, I feel it is OTT to classify this as theft simply because it is an extract from computer records rather than a notebook.

    And theft, I would remind you, deprives an owner of something. If the OP has taken a copy of some data with no intention to deprive (and I exclude, for the basis of this discussion, sensitive client data - let's assume that what the OP said was true and they have copied ONLY the info necessary to enable them to check their commission payments) then it is not theft.

    And of course, the employer is probably investigating what (potentially) HAS been taken... again, you are right, probably more to the story....

    (As for the concept of having a memory - if only. I wish I still had one of those!)
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    But we don't even know that the OP took information relating to their alleged commission. There is no information that says that the information taken in any way relates to their commission potentially not being paid. It may, as some have suggested, have been information taken to blackmail the company into paying. There is insufficient evidence to say there is any correlation between the information taken and an alleged intent not to pay money due.

    One thing that they may not have considered though - what if the old employer informs the new employer? Whatever the rights and wrongs, most employers will be very wary of employing someone who may remove their data, for any reason!
  • ScorpiondeRooftrouser
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    A breach may have occurred but there is no quantifiable loss so there could not be any penalty to pay. If OP was selling the data I could understand the upset but to just obtain details of the pay they are owed is not a sin.

    The loss, if they have taken protected data, could be quantifiable and huge. They may now be open to lawsuits from every customer whose data has been compromised. it is dependent entirely on what they have taken, There is no indication anywhere that they have "just obtained details for the pay they are owed" and, as already noted by others, even that could very easily contain protected information.
  • andrewsegawa
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    It was a serious mistake to download company Data. Just go back to office and talk with your Boss for a safe exit
  • Mersey_2
    Mersey_2 Posts: 1,679 Forumite
    edited 19 May 2017 at 6:09PM
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    Guest101 wrote: »
    You stole company information - uhm that's a criminal matter, you could go to prison, it will certainly cost you your new jobs.



    That has to be one of the most ludicrous assertions I have ever read on this site.


    The OP did not - employees and self employed consultants are entitled to retain copy documents in order to assert their rights at a later date and in particular invoices or billing informing relating to their performance which may affect PILON, bonuses or their prospective salary at a future employer. Indeed it is actually recommended by recruiters who specialise in locum lawyers and so on.




    Indeed from the information contained within the OP's original post, if anyone broke the law it was not the OP, it was the manager by the threat made.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    Ihm - invoices would be issued by the OP ( or lick lawyer in your case ) not by the company...
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    edited 20 May 2017 at 3:08PM
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    Mersey wrote: »
    That has to be one of the most ludicrous assertions I have ever read on this site.

    The OP did not - employees and self employed consultants are entitled to retain copy documents in order to assert their rights at a later date and in particular invoices or billing informing relating to their performance which may affect PILON, bonuses or their prospective salary at a future employer. Indeed it is actually recommended by recruiters who specialise in locum lawyers and so on.

    There's no reason to assume that that information is all he took.
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    There's no reason to assume that that information is all he took.
    Nor that this is the information that they took at all. Nowhere does the OP say what they took.

    I'd also be interested in hearing from where this "entitlement" arises. Because taking company information, last time I looked, was anywhere between frowned upon and against the law. I am not aware of any law that says that employees are entitled to take certain types of company information because they might find it useful. It'd be a handy law to know about. So which one is it?
  • ScorpiondeRooftrouser
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    I assume the question above is not directed at me; I don't claim that there is any such law.
  • Dazzanic
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    Hi
    Situation is I used my own USB drive to copy sales, prices etc to make sure probably some months down the line when all my commissions eventually came through they were what they should be because I will be long gone I have no way of finding out if they have increased costs to reduce my commission, this has been a common problem with salesmen who have previously left the company
    The info was info I accessed on a daily basis as part of my job on my company laptop, most of which was done outside of the workplace as I'm on the road most of the time or working on a night preparing quotes etc
    I have not accessed the USB drive since handing in my notice and won't do so until my payslip arrives, this can be easily checked by them as when you plug in a USB drive it is kind of time stamped
    I feel what I have done is totalling justified as we're talking thousands of pounds here, I was doing deals 12 hours before handing in my notice!
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