Can they do this?

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  1. #1

    Can they do this?

    Hi,

    Can a employer use an ex-employee's e-mail account to send to clients? Which means they will be signing off the e-mail with ex-employee's details!


  2. #2

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    The only reason why a company would keep an e-mail account of somebody thats no longer working for the firm is to check for incoming messages sent to that account, and maybe set up an out of office to advise the sender that the individual no longer works for the organisation and to send to another e-mail account.

    That was the case when I worked for all the large MNC's in London, If somebody is conducting some 'business' transaction using an old e-mail account then that could be potentially fraudulent.


  3. #3

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    It could be considered identity theft.

    It usually happens because email has been poorly configured, incredibly common, so that a clients point of contact is a persons name rather than a generic address like [email protected] or similar. Similarly with the dependency many users have on vacation responses.


  4. #4

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    The normal process is to keep the employees email account live, with a permanent away/vacation message.

    "Mr Baddie has left the building. Ms Goodie will be taking over his responsiblities and can be reached at ..."

    I don't think its "illegal" as such, but definitely inappropriate and unethical to continue doing business, pretending that the person in question is still around. (might be illegal in some industries)

    Last edited by KnowItAll; 22-01-2008 at 10:46 AM.

  5. #5

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    Of course it is illegal, tell him to cease and desist! The employer owns the email address, but he does not own your name or personal information!


  6. #6

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    Quote Originally Posted by chimo:
    Of course it is illegal, tell him to cease and desist!
    Would you care to cite the Ordinance to support that assertion? Or are you just bullshitting?

  7. #7

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    I once had a supplier in Thailand who wanted to give me the impression that my usual contact person is still around, and kept on sending me emails from her address, signing off with her name. The different style of the emails made me suspicious, but it took me more than two month to confirm that she had actually left. When I called she was always "in a meeting", "on business trip" or "not around".
    Instead of winning one contract (which I think that company somehow wanted to achieve with this game), they lost our account altogether.


  8. #8

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    The most dangerous thing that can happen is that the employer (or someone else) makes defamatory remarks about a third-party which could be attributed to the former employee.

    I would recommend that the former employee sends a letter to the former employer asking them to desist from using the old email account (or at least to receive emails only - not to send them) with a comment that he/she (the former employee) will not be held liable for the content of any emails originating from that address from the date of leaving the company.

    The former employee should ask for a response to the letter (for which proof of delivery should be received and send a copy by email to the email address concerned) within 7 days. Failing a reply, the former employee should state that he/she deems the request to be noted and that he/she is indemnified from any potential legal action for defamation/falsehood/misrepresentation etc. He/she should also keep a copy of the letter.


  9. #9

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    >> defamatory remarks about a third-party which could be
    >> attributed to the former employee.

    Technically not valid in court as the employee can prove that they were not the one that sent the email. HOWEVER, can do a lot of damage to ones reputation. Its a small market out there...

    Agree with the plan of action though.


  10. #10

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    Quote Originally Posted by PDLM:
    Would you care to cite the Ordinance to support that assertion? Or are you just bullshitting?
    The closest are Theft Ordinance and Personal Data (Privacy) Ordinance as per the following:

    Identity theft - Wikipedia, the free encyclopedia

    The intent has to be shown to take advantage of the identity. Otherwise a problem occurs with acting and parody.

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