Legal Question in Business Law in California

responsiblities of former company employee

I recently resigned from a company on the verge of bankruptcy. I was the Chief Technology Officer. The company was bought buy someone just after I left. They are trying to reserect it. They are threatening to sue me because they cant figure out how there systems work. I was an at will employee without any employment contract. Also the company owes me a substantial amount of money so I am not willing to help me unless they pay me whats owed.

Do I have any legal obligation to help them?


Asked on 5/01/04, 1:34 pm

4 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: responsiblities of former company employee

As a former employee, you have no obligation to help them. You should file a wage claim which our firm can help you with. We would need to review your documentation.

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Answered on 5/02/04, 6:24 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: responsiblities of former company employee

Unless you intentionally created a system that no one else can understand, you have no obligation. They are obligated to pay you. Go to the State Labor Board's EDD and file a wage claim.

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Answered on 5/01/04, 3:17 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: responsiblities of former company employee

If you took the documentation with you or failed to document your work, there is some possibility that a suit to compel you to strighten things out would succeed. Even if it didn't, defending against it could be expensive and time-consuming.

On the other hand, if you took nothing and did the normally-expected documentation of your work, you not only should win, I'd say the lawsuit is probably more of a bluff and unless they're pretty stupid they won't ever file one.

You do of course have to be extremely careful not to use any trade secrets of the former employer in any future employment or business of your own. Because of your prior responsibilities and the apparent bad blood, you are vulnerable to legal action over alleged misappropriation of trade secrets. If I were you, I'd get a pretty good legal layman's knowledge of how trade secret protection works in the technology field -- either read up on it yourself or have a lawyer give you some pointers on how to stay out of trouble.

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Answered on 5/01/04, 11:03 pm
Donald Holben Donald R. Holben & Associates, APC

Re: responsiblities of former company employee

Probably not, but you might want to get attorney to assist you and you may be able to recoup some monies you have lost.

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Answered on 5/04/04, 11:46 am


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