[luau] Law stuff advice

Sat May 17 18:14:01 PDT 2003

My non-legal take on this is...

You certainly can take what is physically yours, but not if the function of
the server has not been replaced yet. It that respect you are damaging the
companies ability to function. It would be like a programmer taking the
part of the program that they coded when they leave the company. The
company should have made provisions to replace the function of the server
quickly at the time your resignation was turned in so you to be able to
take what is yours as soon as possible.

Personally, I wouldn't bring in my equipment unless it was going to be
temporary and I had something in writing to back up that it is mine and the
temporary function it will serve until a certain date. At or before that
time something permanent must be installed. On the side of the company,
they made a mistake by allowing it and now they are paying the price.

This is probably going to get messy because the understanding is not in
writing. Being nice and helping them out is one things, but in the end
"business is business".

If I was the company I wouldn't waste my time. However if they are leaving
servers in the halls, it would seem that they may not be playing with a
full deck anyway. Then again maybe this is their way of getting back at
you.

I wish you luck and suggest never letting a company use your equipment
unless the understanding is in writing. Its so easy for the individual to
get screwed in a situation like this.

Michael

The usual.... this is not legal advice, this is a personal subjective
opinion and not the view of my employer.

al plant <webmaster at hawaiidakine.com>@videl.ics.hawaii.edu on 05/17/2003
05:32:59 PM

Please respond to luau at videl.ics.hawaii.edu

Sent by:    luau-admin at videl.ics.hawaii.edu

To:    luau at videl.ics.hawaii.edu
cc:

Subject:    Re: [luau] Law stuff advice

Randall Oshita wrote:
>
> I quit my job. The company changed ownership and I did not agree with
> the new management. (They wanted to put the servers in the hallway so
> they could open up another office!!!!!)
> This company was using my server as their file/print server. When I left
> I took my server with me. I returned all files to them via CD ROM.
> They are filing charges on me with HPD saying that I should have the
> file and print sharing operational.
> Is that true?
> Members of the company knew that the server was mine so wouldn't they
> expect for me to take my server with me if I left? And to have lost
> those services as well?
> They are also saying that I stole the server since rent was not paid
> for, but I was able to get into the office without unlocking a single
> door. Don't I have a right to get my stuff if the doors are not locked
> and landlord lieu is not implemented?
>
> Randall
> ##########

It was your stuff. You took what was yours. If you had your stuff in my
place it's still your stuff. I couldn't stop you from taking it unless
you were leasing it to me ( for a specific time ) or had sold it to me.

Sounds like you are well rid of them.

Aloha! Al Plant - Webmaster http://hawaiidakine.com
Providing FAST DSL Service for $28.00 /mo. Member Small Business Hawaii.
Running FreeBSD 4.5 UNIX & Caldera Linux 2.4 & RedHat 7.2
Support OPEN SOURCE in Business Computing. Phone 808-622-0043
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