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Qualified Theft

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1 Qualified Theft on Thu Sep 13, 2012 4:41 pm


Arresto Menor
last year, i worked for an employer for about 6 months. during the course of my my entire employment, my employer did not provide me with a desktop so i used my own personal laptop until my last day with the employer. my laptop was setup by the company's IT to receive company emails and even to access emails offsite. during the course of performing my duty, i was receiving emails and files necessary to perform my job. after 1 year, i am now being sued for qualified theft since i never deleted the emails and files in my personal laptop.

my question is, can it be considered qualified theft when all business emails and files were received through my personal laptop? isn't it that i have ownership over the emails and files sent to me under their own free will since my employer did not provide me any desktop or laptop to perform my duties?

i will be happy to receive your expert legal advise

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2 Re: Qualified Theft on Thu Sep 13, 2012 9:16 pm


by sued, do you mean they filed an actual complaint in the prosecutor's office?

i would argue that while the communication remains to be company property, you were authorized to possess them during your employment, and while it is improper for you to keep them, it is not a crime to do so.

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3 Re: Qualified Theft on Mon Sep 17, 2012 7:23 pm


Arresto Menor
yes, the complainant filed an actual complaint in the prosecutor's office. a hearing is already scheduled on thursday, sept 20. if it is not a crime but improper, may i know what law would apply in this case?

i have prepared my counter affidavit already but i would also like the case to be junked since the complainant filed it in paranaque, when it should have been in mandaluyong where the company operates and where i was employed. may i know if i am correct in having the case junked and transferred to mandaluyong or can paranaque handle the case?

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4 Re: Qualified Theft on Mon Sep 17, 2012 7:25 pm


Arresto Menor
by the way, i havent got the chance to thank you for your comment. please accept my sincere appreciation. thank you,

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5 Re: Qualified Theft on Sat Oct 26, 2013 11:31 am


Reclusion Perpetua
Don't worry, it is unintentionally by you. Your employer have the burden to prove all allegations. And your email is personal in nature, question your previous company bakit nung ginagamit mo yung email add mo in favor of the company during off site wla namn silang reklamo? Besides may pinirmahan ka bang non-disclosures agreement sa company mo?

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