Taking Stock of New Employees and Their Computer Crime Baggage
When people switch jobs, both sets of employers face known risks. The former employers risk their former employees decamping with their trade secrets. And the new employers risk inviting trade secret lawsuits.
February 14, 2018 at 12:55 PM
6 minute read
When people switch jobs, both sets of employers face known risks. The former employers risk their former employees decamping with their trade secrets. And the new employers risk inviting trade secret lawsuits.
But that's not all. A related risk lurks in the background, one that you might not know of and that could expose your company to criminal liability. Or, more likely, a risk that would be an additional arrow in a plaintiff's quiver.
The risk is computer fraud claims. Maybe your new employee never deleted her prior corporate email account from her phone, and the competitor never invalidated her access credentials (or delayed in doing so). That alone might be enough for a claim under the California Comprehensive Computer Data Access and Fraud Act.
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