employee deleting company files when fired and wants full paycheck

[seanr]

Hi me and my father run a buisiness and had a employe working from home answering calls and scheduling work. We wanted him to start coming back to the office to work because he wasnt getting as much done and he refused so we told him if he didnt want to come to the office to work his last day would be friday. Well over the course of the couple of days he had left he said he was working but come to find out he wasnt answering the phone or scheduling calls as the schedule is empty and when my father logged into the email account there were pages of missed calls and voicemails. Then custumers and warranty companys started calling us saying our office was closed as the employee set the phones to go straight to voice mail then he deleted all the phone logs and all the emails from the phone system and got rid of everything in the trash folder so we couldnt look it up. So now we want to hold his check and he is complaining and called the labor commision but we do not feel like he should get his entire check and cannot pay a bunch of court fees. What can we do? I live in texas

[AFFA]

Re: employee deleting company files when fired and wants full paycheck

I wish to inform you that the date till your employee has actually worked for you can be claimed by you. As regards loss which you have suffered you can file a counter claim or demand from your employee that because of his action there has been loss to you and thus that amount is set off from balance of salary. Further your father can inform labor commissioner about correct facts and deductions. If labor commissioner does not agree then you can file appeal against his decision or matter may be taken in court.

AFF

[Disagreeable]

Re: employee deleting company files when fired and wants full paycheck

If the employee was scheduled to work those days and did not, he is not entitled to pay for them. You need to respond to the labor commission with proof you outlined here, showing he did not work and therefore is not owed pay for those days. If you have no records to substantiate this, obtain contact information from customers who can verify this occurred and forward them to the labor commission.

[Friend In Court]

Re: employee deleting company files when fired and wants full paycheck

This employee stomped pretty heavily on Texas' Penal Code, Computer Crimes Section.

Here is the statute:

"Sec. 33.02. BREACH OF COMPUTER SECURITY. (a) A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

(b) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a state jail felony if:

(1) the defendant has been previously convicted two or more times of an offense under this chapter; or

(2) the computer, computer network, or computer system is owned by the government or a critical infrastructure facility.

(b-1) A person commits an offense if with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

(b-2) An offense under Subsection (b-1) is:

(1) a state jail felony if the aggregate amount involved is less than $20,000;

(2) a felony of the third degree if the aggregate amount involved is $20,000 or more but less than $100,000;

(3) a felony of the second degree if:

(A) the aggregate amount involved is $100,000 or more but less than $200,000;

(B) the aggregate amount involved is any amount less than $200,000 and the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; or

(C) the actor obtains the identifying information of another by accessing only one computer, computer network, or computer system; or

(4) a felony of the first degree if:

(A) the aggregate amount involved is $200,000 or more; or

(B) the actor obtains the identifying information of another by accessing more than one computer, computer network, or computer system.

(c) When benefits are obtained, a victim is defrauded or harmed, or property is altered, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm, or alteration, damage, or deletion of property may be aggregated in determining the grade of the offense.

(d) A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.

(e) It is a defense to prosecution under this section that the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose."

Rather than sparring with this employee back and forth over paycheck, it would seem that reporting him and the damage he did to the police would be time better spent.

[Disagreeable]

Re: employee deleting company files when fired and wants full paycheck

Good catch FIC.