Personal Data Deleted by Corporation

[cstrange]

What is the name of your state (only U.S. law)? CA or GA
Corporation is based in CA. I work remotely from GA.

This is just another example in a long list of negative things that my former company has done upon my exit.

Scenario:
- Senior executive at company
- Used Personal Blackberry for business use (approved by company)
- Was connected to corporate enterprise server, which give company admin ability to communicate with my device
- Terminated on a Wed evening
- Was told verbally and in writing (via email) that my email, network access would be removed AT close of business on Thursday
- Mid-day on Thursday my Personal phone was 'locked'
- Without knowing why, tried password a couple of times but didn't work
- Called Officer and Technical person at Company
- Technical person said they reset PW, but would give me access again if I needed it.
- I confirmed over, and over, and over that I had PERSONAL information on this device and that it was a PERSONAL device. He acknowledged and said the personal information would not be impacted.
- I put in the password he suggested and it caused my phone to do a hard reset and wiped EVERYTHING off of the phone
- This included phone settings, personal email, notes, contacts, calendar, purchased music and most importantly pictures from events that are unrecoverable
- I called company, blackberry and verizon to attempt to recover.
- I am convinced the techincal person knew that he was wiping the phone to ensure company data was deleted.

Questions:
- It appears that there is some responsibility that should fall back on the Company for deleting my personal information?
- I am sure I read a couple of cases where a large sum was awarded due to several legal reasons surrounding the deletion of personal data?
- Hours of set-up time were performed by me getting this phone like I wanted it...gone. Dozens of key corporate contacts...gone. Dozens of MP3s puchased...gone. Dozens of notes, including business ideas, etc...gone. Most importantly, this deleted pictures of my son's 1st camping trip, daughters awards and a wedding in which '000s were spent to attend.
- Is there any legal action that can be taken?

[The Occultist]

If such a lawsuit is going to be successful, there is almost no way you'll be able to do it by yourself: you will absolutely need an attorney. Since you need an attorney anyways, you might as well sit down with one versed in such law so that he can offer whatever insight he may have to offer.

[FlyingRon]

Always, always, back up information in ANY computing device be it a desktop computer or a cell phone. You're not going to get anybody held liable for this.

[Zigner]

Originally Posted by FlyingRon

Always, always, back up information in ANY computing device be it a desktop computer or a cell phone. You're not going to get anybody held liable for this.

Ditto - if one had such important personal info that means so much and cost so much, one would have backups.

[VeronicaLodge]

i have a blackberry i own but the account that is used on it is company owned. it is backed up to my work computer AND my personal computer at home. i can't believe you didn't sync your blackberry with your home computer if you had personal things on it!?

[Stevef]

Originally Posted by cstrange

- I put in the password he suggested and it caused my phone to do a hard reset and wiped EVERYTHING off of the phone

Of course you can sue. Winning is another matter entirely. Personally, I think you'll have a hard time proving that they intentionally deleted your data.

The next question is: "What were your monetary damages?"

[cstrange]

Originally Posted by VeronicaLodge

i have a blackberry i own but the account that is used on it is company owned. it is backed up to my work computer AND my personal computer at home. i can't believe you didn't sync your blackberry with your home computer if you had personal things on it!?

Seriously, I thought this was a legal forum. Is it common practice to continually state the obvious when someone posts? Anyone have a legal opinion?

[Zigner]

Originally Posted by cstrange

Seriously, I thought this was a legal forum. Is it common practice to continually state the obvious when someone posts? Anyone have a legal opinion?

You have been given legal advice. You should have kept backups if you felt the data was important or of any value.