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discrimination disabillty, deleted email

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nanf

Junior Member
What is the name of your state? TN

cbg or any sr. member.
Had another question that came up regarding my husbands termination.
The company seemed to have deleted email that had evidence he informed supervisors of his dylexia and asked for accomations. Although in most cases, I would think that the company would have that right. However, in this case, my husband actually owns the domain, the company has said they would reimburse him but they haven't at this time. Is this technically considered his account or is it the company? and regardless of who actually owns it do they have a right to destroy such evidence?
Also if the domain is owned by him, is it ok to have future copys of email forwarded to him?
 


cbg

I'm a Northern Girl
I don't think this really falls under employment law since the content of the e-mail isn't really a factor. Either the employer can delete the e-mail or they can't. The issue isn't the disability - it's the ownership of the domain. You might want to post this particular question on one of the consumer boards.

Come back and let me know what the answer is.
 

Beth3

Senior Member
I would imagine that owning the domain name is a very different issue than owning the information technology system (hardware and software) that allows for the operation of the e-mail system.
 

nanf

Junior Member
According to a few website developers and IT type people my husband spoke. They say its his domain especially since he used his own personal credit cards. Therefore has any rights to do anything he wants with the emails and no technically they didn't have a right to delete his emails but since they did have the passcodes...
They've had similar situations with their previous employers, I won't bore you with the details.

By the way, how come you've never been sarcastic to me. At least I never felt like you have.
You have always given me good advice and straight to the point. Again, I appreciate you.

I actually enjoy the sarcastic comments some of the senior members give...better than daytime television!
 

Beth3

Senior Member
Well, I guess if you WANT us to be sarcatic to you, we can start doing so, nan. :D

I still say there's a huge difference between owning the domain name and actually providing all the software and hardware to run the email and related IT systems though. (If someone parks their car in my garage, that sure doesn't mean I own their car.) I seriously doubt that gives your husband "rights of ownership" on everything but I'm just hazarding a guess.
 

cbg

I'm a Northern Girl
I can be sarcastic when I feel it's warranted. So far, I've never felt you warranted anything but a serious, straight answer. Sarcasm isn't my general style - it's the only way some posters can understand the point but you don't appear to be one of these.

I tend to agree with Beth but as I say, this isn't really employment law. I could be all wrong about this but it would seem to me that either the employer can delete e-mails on this domain or they can't. The law wouldn't be set up so that whether they can or can't would be based on the content of the e-mail.

But as far as the ownership goes, that's really beyond my scope. I suspect it's beyond the scope of your IT friends as well - knowing IT doesn't guarantee they know all related law. I'd check this question out with a bona fide attorney.
 

BelizeBreeze

Senior Member
nanf said:
According to a few website developers and IT type people my husband spoke. They say its his domain especially since he used his own personal credit cards. Therefore has any rights to do anything he wants with the emails and no technically they didn't have a right to delete his emails but since they did have the passcodes...
They've had similar situations with their previous employers, I won't bore you with the details.

By the way, how come you've never been sarcastic to me. At least I never felt like you have.
You have always given me good advice and straight to the point. Again, I appreciate you.

I actually enjoy the sarcastic comments some of the senior members give...better than daytime television!
First of all, IT people and website deveopers are not attorneys. Hell, most of them are barely conscience. And the onces that are I have yet to be able to hold an intelligent conversation with.

That being said, the facts of his job duties and the purpose of the account used to host the site, the exact circumstances of how the site was developed (on company time and with direction) dictate ownership, NOT who paid for it.

If the site was developed for the company using company time and equipment or developed for the company while being paid for by the company, regardless of whether or not the payment was actually received, then your hubby has no ownership interest but does have a claim to recover costs.

And just for future reference, IT People and website designers are nothing more than glorified highschoolers who haven't stuck it out long enough to learn programming, and most of the 'designers' I have worked with in the last 16 years wouldn't know how to begin writing or understanding a process document.

So I don't put much stock in anything they have to say except goodbye
 

nanf

Junior Member
Beth,
Yes, owning a domain is a very different issue than owning the information technology system ....
The company owns the computers which people used to check their email but he owned the domain and the emails were on a server through the domain.
They were not downloaded onto each computer system at his work. Kind of like if you have a hotmail or yahoo account you can if you want download it into your personal computer via outlook or another email program
Lets say you use a yahoo or hotmail account which you registered under your own name and you used that email for work purposes, who owns those emails? Your company or you?
It exactly like "if someone parks their car in you garage, that sure doesn't mean you own their car" He owns the email service (the car) parked it in the company garage. Lets just say he bought a car for the other employees to use but his name is on the title. Its his car right, not the company nor the employees.

By the way, I think its getting close to dinner time here. What's for dinner?
 

BelizeBreeze

Senior Member
Lets say you use a yahoo or hotmail account which you registered under your own name and you used that email for work purposes, who owns those emails? Your company or you?
And under that scenario the employee could be fired for conducting personal business on company time, theft of services and 'cause'.
 

cbg

I'm a Northern Girl
Dinner's going to be late today - I didn't have lunch till almost three o'clock.

Nan, I don't think we can resolve this one here - there are going to be too many situation specific details. Do I remember correctly that you have an attorney, albeit one that you haven't been able to reach? When you do reach him, this would be something to run by him.
 

nanf

Junior Member
He didn't know that he was going to be terminated since VP's and other people from Home Office told him he was doing a great job and despite the conditions were impressed that he and his team were able to meet all their goals and not to worry about his job....
Although he kept some written evidence that he had informed his supervisor and other VP's that he had dyslexia and asked for accomadations, it wasn't until he started gathering up his evidence that he realized some of it was through his email.

I think the fact that they did delete it means they might be trying to cover things up. I don't know, it just a guess because they didn't delete all his emails. One of his old subordinates told him that his previous boss had told them to delete certain emails, and they told him if his case ever went past EEOC investigation they would testify.

Belize, after thinking about what you said about IT people and developers, I think I agree with you.

We spoke to two attorneys and both of them said that although he does have a strong case, they felt it was better to wait until we get a reply from EEOC.
Is this normal or are they just trying to blow us off because he doesn't have a case?
 

Katy W.

Member
Normal, in that otherwise your attorney would be putting your case together while the EEOC's investigation is still onpoing. Better to wait for all the information and the finding to come in from the EEOC and go forward from there.
 

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