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stolen data from ex employer (call center)

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1 stolen data from ex employer (call center) on Sat May 07, 2016 9:46 am

du30


Arresto Menor
good day! need your help po,  i worked in a call centre as a Manager, my employer discontinued our employment bscause our client back out due to poor performance of my agents. Thus,  our comPany have paid our salary for another month and moved on to find for another job.  we were referred to work in the bpo company next to our building,  Apparently,  one of my agents suddently access my ex employers data called "leads" (these are customers personal data containing phone,  name address and emails) he tried to sell it to his current company,  the new empoyer was upset because instead of giving the leads for free the agent was selling it.  in the end they have used the data containing 6k leads at no cost.  my ex employer now knew abt the issue coz the ceo of the new company disclosed/informed our ex boss about the sellibg of his leads.  My ex employer hold up our last pay.  question po:
1.  ano po mga implication ang maididulot sa agent.?
2. Can our exemployer sue my agent?
3.  Can he still get his last pay?
4.  what is the best thing to do?
5.  will i be part of conspiracy even i am absent?

thank u po.

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2 Re: stolen data from ex employer (call center) on Sat May 07, 2016 10:46 am

lukekyle


Reclusion Perpetua
du30 wrote:
1.  ano po mga implication ang maididulot sa agent.?
2. Can our exemployer sue my agent?
3.  Can he still get his last pay?
4.  what is the best thing to do?
5.  will i be part of conspiracy even i am absent?

thank u po.

2. Yes. If he can prove it, the agent can be sued for qualified theft.
3. If proven, non bailable ang qualified theft. Yung damages will surely be more than his last pay
4. try to settle things with your employer. Maybe they will be more lenient if you are honest and helpful.
5. Depends on the evidence.

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3 Re: stolen data from ex employer (call center) on Sat May 07, 2016 11:24 am

centro


Reclusion Perpetua
Just some insights which may be of help.
This is not about you as a person but on the situation it set up several parties concerned based on the narratives.
Think about the consequences of the act of the agent who stole the leads.
This act of theft will be magnified further if the ex-company's principal learns about the leak of his customer data. He can sue the call center for breach of confidentiality.
Furthermore, you understand of course that there is a confidentiality agreement between the customers and the principal. If any of the 6K customers learn further that the confidentiality has been breached, the customer can sue the principal.
If you were to put value to these damages done by the agent, at what cost do you think will it be?

It is good that you started to ask about conspiracy. Think about covering yourself as an ex-manager from the previous and I assume the current manager in the new position.
Perhaps explore how to recover?

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4 Re: stolen data from ex employer (call center) on Sat May 07, 2016 11:47 am

du30


Arresto Menor
centro wrote:Just some insights which may be of help.
This is not about you as a person but on the situation it set up several parties concerned based on the narratives.
Think about the consequences of the act of the agent who stole the leads.
This act of theft will be magnified further if the ex-company's principal learns about the leak of his customer data. He can sue the call center for breach of confidentiality.
Furthermore, you understand of course that there is a confidentiality agreement between the customers and the principal. If any of the 6K customers learn further that the confidentiality has been breached, the customer can sue the principal.
If you were to put value to these damages done by the agent, at what cost do you think will it be?

It is good that you started to ask about conspiracy. Think about covering yourself as an ex-manager from the previous and I assume the current manager in the new position.
Perhaps explore how to recover?


thank u very much po sa quick reply, nagpapainvestigate napo yung ex employer ko, ang plan po ng kasama ko is to just inform my ex employer na hindi po ung leads nya ung ginamit, kung hindi yung past call center na pinagtrabahuan nya. Bilang manager ayokong makulong silang gumamit ng leads.

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5 Re: stolen data from ex employer (call center) on Sat May 07, 2016 11:52 am

centro


Reclusion Perpetua
du30 wrote:
centro wrote:Just some insights which may be of help.
This is not about you as a person but on the situation it set up several parties concerned based on the narratives.
Think about the consequences of the act of the agent who stole the leads.
This act of theft will be magnified further if the ex-company's principal learns about the leak of his customer data. He can sue the call center for breach of confidentiality.
Furthermore, you understand of course that there is a confidentiality agreement between the customers and the principal. If any of the 6K customers learn further that the confidentiality has been breached, the customer can sue the principal.
If you were to put value to these damages done by the agent, at what cost do you think will it be?

It is good that you started to ask about conspiracy. Think about covering yourself as an ex-manager from the previous and I assume the current manager in the new position.
Perhaps explore how to recover?


thank u very much po sa quick reply,  nagpapainvestigate napo yung ex employer ko, ang plan po ng kasama ko is to just inform my ex employer na hindi po ung leads nya ung ginamit,  kung hindi yung past call center na pinagtrabahuan nya.  Bilang manager ayokong makulong silang gumamit ng leads.

Bear in mind because of the breach, they will also be protecting their interests (corporate) which if they don't, will not be good for their current and future business.

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6 Re: stolen data from ex employer (call center) on Sat May 07, 2016 12:06 pm

du30


Arresto Menor
lukekyle wrote:
du30 wrote:
1.  ano po mga implication ang maididulot sa agent.?
2. Can our exemployer sue my agent?
3.  Can he still get his last pay?
4.  what is the best thing to do?
5.  will i be part of conspiracy even i am absent?

thank u po.

2.  Yes. If he can prove it, the agent can be sued for qualified theft.
3.  If proven, non bailable ang qualified theft. Yung damages will surely be more than his last pay
4.  try to settle things with your employer.  Maybe they will be more lenient if you are honest and helpful.
5. Depends on the evidence.

thank you po, nkahold polahat ng salary nmin, nagkano po kya ang damage as in monetary if mag sue po ex employer namin? pati po kami non bailable? ginamit po namin ung leads kasi mag cacall po kami eh. kasama ba yung current employer? Kc po sya tlsga nagprovoke na if meron kaming alam na leads for free, dhil usan napo sila.

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7 Re: stolen data from ex employer (call center) on Sat May 07, 2016 12:08 pm

du30


Arresto Menor
lukekyle wrote:
du30 wrote:
1.  ano po mga implication ang maididulot sa agent.?
2. Can our exemployer sue my agent?
3.  Can he still get his last pay?
4.  what is the best thing to do?
5.  will i be part of conspiracy even i am absent?

thank u po.

2.  Yes. If he can prove it, the agent can be sued for qualified theft.
3.  If proven, non bailable ang qualified theft. Yung damages will surely be more than his last pay
4.  try to settle things with your employer.  Maybe they will be more lenient if you are honest and helpful.
5. Depends on the evidence.

thank you po, nkahold polahat ng salary nmin,  nagkano po kya ang damage as in monetary if mag sue po ex employer namin?  pati po kami non bailable?  ginamit po namin ung leads kasi mag cacall po kami eh.  kasama ba yung current employer?  Kc po sya tlsga nagprovoke na if meron kaming alam na leads for free,  coz they ran out of data.

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