They fired him and they still want him to do work...
My co-worker is being "bullied" with threats of criminal charges of extortion if he does not produce paperwork on a laundry list of categories -- none of which currently exists in a written form.
Once fired, is an employee required to *create* new intellectual property (client lists, password lists, file documentation, etc.) as a condition of the termination?
Other: no "special" terms of severance are available - just paying some backpay and hopefully expenses that are owed, regardless...they are denying any severance pay, per se. He's not threatening them or asking them to pay for the documents...they simply don't exist - and he doesn't feel he should be required to create them, following termination.
Answers (1)
I'm going to answer this question based on the assumption that the threatened extortion charge came up because he asked to be paid for his time as he creates the documents they want. If there is any other reason behind that threat, your friend needs to get himself to a criminal defense lawyer ASAP. Perhaps one of the lawyers in the DFW area who are listed on this website can refer you to a good and reputable defense lawyer who practices in your area of the State.
Now, if my assumption is correct, your co-worker would be well advised to come to terms with the employer before things get worse. The kind of information the employer is requesting sounds pretty darn important -- and a judge would certainly think so. So, while he no longer has to "work" for the employer because he was fired, the employer still has a right to know his passwords, etc.
My concern is that the company could accuse him of any number of things and file a lawsuit against him. This would force him to hire a lawyer to defend him. That's expensive. THEN he would have to provide the information during what is called the "discovery" portion of the lawsuit -- by giving a deposition and having to answer written questions under oath. That would be very easy for the company to do -- and a judge would not think too highly of your friend for refusing to give up this kind of information voluntarily.
I think it would be wise for your friend to visit with an employment lawyer in your area. Think about sorting through what the employer is requesting and talk to the lawyer about providing whatever information he can in terms of a list -- the passwords and client names. Then discuss the option of sending that information to the company, but explaining that some of the demands (like file documentation) would take him many, many hours -- and he needs to focus his time on finding a new job. Perhaps he and the company could come to an agreement that it will pay him as a contractor while he does the time-consuming projects like file documentation.
The employer could, of course, still file a lawsuit against him even after he provides the lists. BUT, if it did so then, the perfect piece of evidence will be his rational and polite letter giving the important information and explaining that he needs to spend time finding a job -- but could do the work for a reasonable hourly rate. That letter would be dynamite -- and the judge would think a whole lot better of your friend under these circumstances.
posted by Margaret A. Harris | Jan 12, 2004 8:43 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers