My employee deleted all of her work emails and quit. Can I sue her for that?
But winning that case — especially if you're thinking about a claim under the Computer Fraud and Abuse Act — may be another story.
The CFAA is designed to prevent unauthorized access or malicious interference with a computer system. Often used as an employer-sword, to state a claim for a violation of the CFAA, a company must prove that an employee actually caused damage to its computer system or data. The CFAA defines "damage" as " any impairment to the integrity or availability of data, a program, a system, or information."
In Instant Technology, LLC v. DeFazio (opinion here), the former employee deleted all of her work emails from her inbox.
Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.
Your access to unlimited BenefitsPRO content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Critical BenefitsPRO information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
- Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events
- Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
Already have an account? Sign In
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
