Previous Employer Still Sending and Receving Email in My Name (secretaries, reputation)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I think the employer is the one in the dubious legal situation. Since the emails have your (electronic) signature, then he is, in effect, forging your signature. That is illegal regardless of who "owns" the email. He does not in any way own the right to use your name. If he wants to use the email address, then he must remove your name from the signature, at least. This could also be interpreted as an attempt to defame your professional character, although that's probably not what is happenning.
You are correct. I don't think he is trying to defame me. I really think that he has no relationship with long time clients and from what some of them told me before I left, they really don't want to deal with him. I think in some part of his idiot mind he has realized this and thinks it might be better if they think they are dealing with me.
Walk away. You're digging yourself a ditch trying to get your boss.
I'm not trying to GET the boss. I could've done that while I was still there. Trust me, there are much bigger things that he has done than impersonating me. I haven't done anything about this situation but it is a little disconcerting. Even though I don't need him for future job references and I know he can't do anything to me, I am still being a little bit of a wimp about contacting him and requesting him to close my email account.
At this point, I think I posted this situation just to get a feel from others about this being a bad thing or not. If he continues to use my email and I continue to see negative comments from clients about my performance, then maybe I'll take into consideration all the comments from this thread when I make a decision to confront him or not.
I think in some part of his idiot mind he has realized this and thinks it might be better if they think they are dealing with me.
In a way, that says alot about how he values your work. Some other thoughts I had were he could have hired someone with your same exact name, but that's a real stretch, though not impossible.
i wonder how many other employers do this after the employee is gone and the employee never knows about it?
In a way, that says alot about how he values your work. Some other thoughts I had were he could have hired someone with your same exact name, but that's a real stretch, though not impossible.
i wonder how many other employers do this after the employee is gone and the employee never knows about it?
LOL, I seriously doubt anyone else has my name. It is a little unusual. My position at the company was unique. I kinda did everything. I did invoicing, marketing, correspondence, typing reports, etc. etc. I also was office manager dealing with employees, computers, equipment, and benefits. I was amazed he didn't hire anyone to take my place. However, before I left, the company was going downhill and lost probably 60% of its business. I do talk to current employees still and he has some of the more computer literate ones doing the typing for various submittals. I guess these guys with master's in engineering never thought they would become secretaries.
Secretaries send and receive emails on behalf of their bosses. Companies set up 'dummy' accounts to receive resumes and marketing contacts. None of this is illegal. They can use whatever terminology they wish for email addresses and use them for whatever purposes they wish. It's also pretty common for companies to try to keep staff turnover or retention problems under wraps from clients and competitors.
Impersonation is always a murky issue, but even more so because this is electronic. Traditionally, impersonation must harm someone or the impersonator must obtain some value for their actions. But the applicability to electronic media varies by state. Most courts argue that anything transmitted electronically must be received with skepticism and the understanding that the sender could be anyone. As far as I know, only California and Texas have laws specifically banning electronic impersonation.
Now, if you can prove that your professional reputation has been harmed in some way, that's another story. You could sue for defamation of character. But you'll need more than one email from a former client claiming confusion over the sudden deterioration of your work product. You'll need a pattern of damage or some quantifiable damage such as the retraction of a job offer because of damaged reputation. This would have to be pursued as a civil case filed by you against your employer.
But doing so would likely reveal your activities, which are definitely illegal. Using their servers and accessing their software and accounts constitutes theft and possibly trespassing, even if you didn't gain monetarily by it. So you'll likely end up in big trouble, not them. If you are concerned about your reputation, a more effective approach would be to let your former clients know about your new position. Create a mailing list and send out postcards, publish an announcement in a local or industry publication, and send LinkedIn invites to them. In doing so, they'll find out that you've moved on and your former employer's sneaky tactics are exposed.
Secretaries send and receive emails on behalf of their bosses. Companies set up 'dummy' accounts to receive resumes and marketing contacts. None of this is illegal. They can use whatever terminology they wish for email addresses and use them for whatever purposes they wish. It's also pretty common for companies to try to keep staff turnover or retention problems under wraps from clients and competitors. No dummy accounts were ever used. Because of the nature of the business, all clients were informed if a staff member left.
Impersonation is always a murky issue, but even more so because this is electronic. Traditionally, impersonation must harm someone or the impersonator must obtain some value for their actions. But the applicability to electronic media varies by state. Most courts argue that anything transmitted electronically must be received with skepticism and the understanding that the sender could be anyone. As far as I know, only California and Texas have laws specifically banning electronic impersonation. Totally agree. Boss is not receiving any value by using my name but I just find it really baffling.
Now, if you can prove that your professional reputation has been harmed in some way, that's another story. You could sue for defamation of character. But you'll need more than one email from a former client claiming confusion over the sudden deterioration of your work product. You'll need a pattern of damage or some quantifiable damage such as the retraction of a job offer because of damaged reputation. This would have to be pursued as a civil case filed by you against your employer. Since I'm only in the administrative field, I don't think my reputation has been harmed but, all the same, I don't like people thinking I'm incompetent.
But doing so would likely reveal your activities, which are definitely illegal. Using their servers and accessing their software and accounts constitutes theft and possibly trespassing, even if you didn't gain monetarily by it. So you'll likely end up in big trouble, not them. If you are concerned about your reputation, a more effective approach would be to let your former clients know about your new position. Create a mailing list and send out postcards, publish an announcement in a local or industry publication, and send LinkedIn invites to them. In doing so, they'll find out that you've moved on and your former employer's sneaky tactics are exposed.
Really don't think I need to worry about my actions being investigated. Even if they know, who cares? There is no company policy (written or otherwise) regarding email access after leaving the company. Honestly, there is no written policy, manual or handbook about anything in the company. Currently, there isn't even an IT person to check for activity on the server.
Really don't think I need to worry about my actions being investigated. Even if they know, who cares? There is no company policy (written or otherwise) regarding email access after leaving the company. Honestly, there is no written policy, manual or handbook about anything in the company. Currently, there isn't even an IT person to check for activity on the server.
There doesn't need to be a written policy. It's the law. The servers and the email address belong to the company, and you don't work there. Therefore any use of or access to their equipment or identity is theft and trespassing (trespassing for the access, theft for the use of data). Period.
And they care, trust me. Especially if you go after them. And then the district attorney in your area will care.
There doesn't need to be a written policy. It's the law. The servers and the email address belong to the company, and you don't work there. Therefore any use of or access to their equipment or identity is theft and trespassing (trespassing for the access, theft for the use of data). Period.
And they care, trust me. Especially if you go after them. And then the district attorney in your area will care.
Don't be an idiot. Let it go.
I have no intention of going after anyone. That was never the intent of my posts. I just wanted to know if I should ask them to deactivate my email. I have had other people tell me it is still active. I never would have even thought to still access that email if others hadn't told me what is going on. I only did it to verify what I was being told. Also, if he is still telling people to contact me, don't I still work there? I didn't give a written letter of resignation so no written proof that I left.
Also, there is no "they." It is a rinky dinky little company with a 78 year old owner who didn't know how to turn on a computer until I told him how. You are assuming this is a "real" company with real management and knowledgeable staff. It's not. Trust me, no one cares. I'm not sabotaging the company or causing problems or talking bad to the clients (actually not really clients, the company is subcontractor; the prime only deals with clients; the company only deals with the prime).
[b]It is a rinky dinky little company with a 78 year old owner who didn't know how to turn on a computer until I told him how. You are assuming this is a "real" company with real management and knowledgeable staff. It's not. Trust me, no one cares. I'm not sabotaging the company or causing problems or talking bad to the clients (actually not really clients, the company is subcontractor; the prime only deals with clients; the company only deals with the prime).
That is probably the problem then. He doesn't know how to change anything. At that age he maybe losing his mind too (dementia). I would follow my earlier advice. If he wanted to he could get you with illegal activity and I don't think I'd take a chance advising him you know what he is doing.
What kodaka is saying is it's illegal to access private computer systems when you have no right to access it.
The rules are #1. is it your system? If not go to #2.
#2 do you have permission to access as user? (Note having passwords or prior access is not sufficent, you must have current permission in your current capacity), if not go to #3.
#3 Are you acting under supeana or court order, if not go to #4.
#4 Are you authorized to access as part of maintaining the network? (must be for mainatinace not snooping because you maintain) If not go to #5
#5, you have violated ECPA or SCPA!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
