If an employee accesses a work customer database and uses that information for their own selfish purposes (to solicit business for their hobby side business) without permission, is that illegal? Does the company have legal recourse for the backlash from customers? Can the customers sue that person? Can the customers sue the company?
1 Answer from Attorneys
Generally speaking, it is illegal in as much as the employee used a company asset (the database) without permission and for the employee's sole benefit. In addition the employee may have violated the CAN-SPAM law as well as other provisions. Depending on the nature of the database, if the database included customers' "personal information", the company and employee may be in violation of the law protecting unauthorized use of this type of information. In such case the company may seek redress with the employee.
Therefore, injured customers may bring action against the employee and against the company and the company may bring action against the employee.
It is important to consult an attorney whether one is the employee or the company to avoid any further missteps and unnecessarily increasing liability. Please contact me directly for a consultation.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.