Federal contractor maybe misclassified employee. Fed demanding to see personal computer for no reason.

[Not IC]

Guam USA

Hello I’m a contractor on Guam working for a off island company who has a contract with the federal government here. Im finishing up a 1 year contract. Everything was going gooduntil the last few months of the contract. My work has always been satisfactory and has been verbalized as such until recently. my company in the states provided me with a crappy computer and I decided to buy myself a good computer so I could increase productivity. Since covid I have been teleworking off and on using my computer. They are aware of this at work however now in the last month they are saying they didn’t know and I may have broken some rules/laws. I told everyone at work about my computer I even have a email with the big boss mentioning once I get it my productivity should increase. Now they are saying I have to hand in my personal computer to be analyzed and wiped before I can finish up. Some important notes are I don’t deal with anything classified and was not made aware of any special duty of care with any data given to me. I’ve also never seen the contract between my company and the feds here. The only thing I signed was a letter of employment that was very vague it was only like 6-7 lines of wording and it also said it doesn’t constitute a employment contract.

Since working here there have been instances where I felt uncomfortable with emails sent to me. This would include emails telling me to apply at another company because my company is going to lose the contract. A detailed bid from the company trying to get the new contract with ashort message telling me to apply for the position. I’m also pretty sure I’m being treated as an employee here. I report to work at the same location on a set schedule, l have weekly meetings, I am required to keep weekly reports, my performance is tracked and I am not free to work as I see fit I’m given complete direction. The list goes on.

Am I at risk of getting in trouble for using my own laptop? Can I deny them and if not should I require some kind of written demand? Does anyone see any legal actions I could take? There were plenty of instances where I should have had overtime...

 

[LdiJ]

Guam USA

Hello I’m a contractor on Guam working for a off island company who has a contract with the federal government here. Im finishing up a 1 year contract. Everything was going gooduntil the last few months of the contract. My work has always been satisfactory and has been verbalized as such until recently. my company in the states provided me with a crappy computer and I decided to buy myself a good computer so I could increase productivity. Since covid I have been teleworking off and on using my computer. They are aware of this at work however now in the last month they are saying they didn’t know and I may have broken some rules/laws. I told everyone at work about my computer I even have a email with the big boss mentioning once I get it my productivity should increase. Now they are saying I have to hand in my personal computer to be analyzed and wiped before I can finish up. Some important notes are I don’t deal with anything classified and was not made aware of any special duty of care with any data given to me. I’ve also never seen the contract between my company and the feds here. The only thing I signed was a letter of employment that was very vague it was only like 6-7 lines of wording and it also said it doesn’t constitute a employment contract.

Since working here there have been instances where I felt uncomfortable with emails sent to me. This would include emails telling me to apply at another company because my company is going to lose the contract. A detailed bid from the company trying to get the new contract with ashort message telling me to apply for the position. I’m also pretty sure I’m being treated as an employee here. I report to work at the same location on a set schedule, l have weekly meetings, I am required to keep weekly reports, my performance is tracked and I am not free to work as I see fit I’m given complete direction. The list goes on.

Am I at risk of getting in trouble for using my own laptop? Can I deny them and if not should I require some kind of written demand? Does anyone see any legal actions I could take? There were plenty of instances where I should have had overtime...

I would not consider handing over your personal computer to them until you have had a consult with a local attorney who can review your short employment/contractor contract. In fact, even if your attorney says that you have to allow them to examine your computer, the question would then be do you have to actually send/give it to them? It is your personal property, they should come to you to examine it.

 

[quincy]

Guam USA

Hello I’m a contractor on Guam working for a off island company who has a contract with the federal government here. Im finishing up a 1 year contract. Everything was going gooduntil the last few months of the contract. My work has always been satisfactory and has been verbalized as such until recently. my company in the states provided me with a crappy computer and I decided to buy myself a good computer so I could increase productivity. Since covid I have been teleworking off and on using my computer. They are aware of this at work however now in the last month they are saying they didn’t know and I may have broken some rules/laws. I told everyone at work about my computer I even have a email with the big boss mentioning once I get it my productivity should increase. Now they are saying I have to hand in my personal computer to be analyzed and wiped before I can finish up. Some important notes are I don’t deal with anything classified and was not made aware of any special duty of care with any data given to me. I’ve also never seen the contract between my company and the feds here. The only thing I signed was a letter of employment that was very vague it was only like 6-7 lines of wording and it also said it doesn’t constitute a employment contract.

Since working here there have been instances where I felt uncomfortable with emails sent to me. This would include emails telling me to apply at another company because my company is going to lose the contract. A detailed bid from the company trying to get the new contract with ashort message telling me to apply for the position. I’m also pretty sure I’m being treated as an employee here. I report to work at the same location on a set schedule, l have weekly meetings, I am required to keep weekly reports, my performance is tracked and I am not free to work as I see fit I’m given complete direction. The list goes on.

Am I at risk of getting in trouble for using my own laptop? Can I deny them and if not should I require some kind of written demand? Does anyone see any legal actions I could take? There were plenty of instances where I should have had overtime...

If you were issued a company computer at the start of your employment that was for work purposes only, you could indeed find yourself in some (legal, employment) hot water by using your own personal computer for work-related matters.

Consulting with an attorney, as suggested by LdiJ, would be smart.

 

[Not IC]

If you were issued a company computer at the start of your employment that was for work purposes only, you could indeed find yourself in some (legal, employment) hot water by using your own personal computer for work-related matters.

Consulting with an attorney, as suggested by LdiJ, would be smart.

i agree however time is limited and I’m still working full time. The party asking for my computer is the federal government here on Guam, the party that gave me the laptop in the states knew I was using my own personal computer. I have emails to both mentioning it. I’m thinking I should at least ask for a written demand to give over my computer so I can show it to a lawyer if it goes that far.

 

[LdiJ]

If you were issued a company computer at the start of your employment that was for work purposes only, you could indeed find yourself in some (legal, employment) hot water by using your own personal computer for work-related matters.

Consulting with an attorney, as suggested by LdiJ, would be smart.

While I agree with this advice, it was clear from the initial post that the use of the personal computer was open and that the OP's supervisors were well aware of it.

 

[Not IC]

I would not consider handing over your personal computer to them until you have had a consult with a local attorney who can review your short employment/contractor contract. In fact, even if your attorney says that you have to allow them to examine your computer, the question would then be do you have to actually send/give it to them? It is your personal property, they should come to you to examine it.

The party asking for my laptop is the federal government here on Guam. Both my employer in the states and my employer (the federal gov.) here on Guam were notified I was using my personal computer. It’s also important to note that they have us doing work when we’re at home too.

 

[LdiJ]

Please make sure that any responses you give are not within the quotes. It makes it difficult for people to see what you have responded.

 

[quincy]

i agree however time is limited and I’m still working full time. The party asking for my computer is the federal government here on Guam, the party that gave me the laptop in the states knew I was using my own personal computer. I have emails to both mentioning it. I’m thinking I should at least ask for a written demand to give over my computer so I can show it to a lawyer if it goes that far.

The company computer is not your property so it (probably) will need to be turned over upon demand.

You could wait for a subpoena for your personal computer but I think you should consult with an attorney. You want to avoid jeopardizing your employment while at the same time making sure your personal, confidential files and communications are not accessed without good cause shown.

I think it was a mistake for you to mix personal and business on your computer.

 

[Not IC]

Please make sure that any responses you give are not within the quotes. It makes it difficult for people to see what you have responded.

For sure sorry about that

 

[quincy]

For sure sorry about that

Many have posted quotes within quotes, including long time forum members. It happens.

 

[Not IC]

The company computer is not your property so (probably) will need to be turned over upon demand.

You could wait for a subpoena for your personal computer but I think you should consult with an attorney first. You want to avoid jeopardizing your employment.

I think it was a mistake for you to mix personal and business on your computer.

I agree the computer has only been used for work. The reason I got it was the computer given to me by my company was really out dated and it needed new software. After months of trying to contact my company to help resolve the problems at least with the software I decided to get it and buy the software myself. I was actually falling behind on work a little due to speed of computer and software. I was having to work more on my own time unpaid to keep up. After months of this I emailed saying I was getting a new computer with the needed software to both my employer and the federal government here.

 

[quincy]

I agree the computer has only been used for work. The reason I got it was the computer given to me by my company was really out dated and it needed new software. After months of trying to contact my company to help resolve the problems at least with the software I decided to get it and buy the software myself. I was actually falling behind on work a little due to speed of computer and software. I was having to work more on my own time unpaid to keep up. After months of this I emailed saying I was getting a new computer with the needed software to both my employer and the federal government here.

I can understand your reasons for purchasing your own computer but I imagine your use of it for work has made your employer nervous.

The federal government generally will not demand to see an employee’s computer just for the heck of it, hence my recommendation that you consult with an attorney in your area.

 

[Not IC]

I can understand your reasons for purchasing your own computer but I imagine your use of it for work has made your employer nervous.

The federal government generally will not demand to see an employee’s computer just for the heck of it, hence my recommendation that you consult with an attorney in your area.

I agree but what makes it inconsistent is that there were three of us and one of us was using a personal laptop because the company didn’t have enough at the time. That was during quarantine. Also there is nothing special about the company laptops other than they are owned by them. So in closing out we were tasked by the feds here to wipe all data from the company laptops and send them back to our employer. My coworker mentioned our personal computers and they started making a fuss. Hopefully I can see a lawyer before they try to take my computer.They said it might take days. Maybe I should request a written demand letter or something for reference later.

 

[quincy]

I agree but what makes it inconsistent is that there were three of us and one of us was using a personal laptop because the company didn’t have enough at the time. That was during quarantine. Also there is nothing special about the company laptops other than they are owned by them. So in closing out we were tasked by the feds here to wipe all data from the company laptops and send them back to our employer. My coworker mentioned our personal computers and they started making a fuss. Hopefully I can see a lawyer before they try to take my computer.They said it might take days. Maybe I should request a written demand letter or something for reference later.

I can think of several reasons why all data on the computers would need to be wiped clean of employment-related data. The whole reason for having company computers is to keep data secure within the company.

Your personal computer is causing a problem because company-protected data is (potentially) mixed with personal data. You probably will be forced to turn over your personal computer for a forensic examination - if not turned over voluntarily by you for inspection then seized by subpoena.

You really should speak to an attorney in your area so that you can best ensure your personal data is protected.

 

[LdiJ]

I can think of several reasons why all data on the computers would need to be wiped clean of employment-related data. The whole reason for having company computers is to keep data secure within the company.

Your personal computer is causing a problem because company-protected data is (potentially) mixed with personal data. You probably will be forced to turn over your personal computer for a forensic examination - if not turned over voluntarily by you for inspection then seized by subpoena.

You really should speak to an attorney in your area so that you can best ensure your personal data is protected.

I think that perhaps your response should have been that "maybe" there would be some attempt to force the OP to turn over their personal computer...rather than probably. And perhaps we don't know enough about what the OP does to assume that a subpoena for it to be turned over is likely.