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A comment on Ask HN: Ex-Employer alleging me for hacking. What should I do?.

Re:Ask HN: Ex-Employer alleging me for hacking. What should ... by codegeek on Friday February 19, 2021 @02:52PM (#26197274)
Yes talking to a lawyer is a good idea but while you do that, make sure you are also doing a few things:

- Don't talk to the company at all. Don't explain anything. Don't say anything. The burden of proof is on them, not you. The more you talk, the more you are putting yourself at risk because the whole "Anything you say can be used against you" is really a thing. Even if you want to help them, don't.

- Being quiet is not an admission of guilt. Let them say whatever they want. Let them try to make you feel bad. You just don't respond with anything.

- Document everything you can in terms of your departure, timeline, what events occurred few weeks/days before your departure from the company. Write everything down. You may forget a few things later. Be specific.

- Stop talking to those other devs as well, at least about this issue. Better to not talk to them at all. Be very quiet.

Best case, the employer is just trying to find a scapegoat to blame for their own failures. They may move on if you don't fall for their blame game. Worst case, they are preparing legal action against you. In both cases, do not talk to them or anyone else about this issue except a lawyer who represents you.

EDIT: Btw, if anyone hasn't seen this video [0] at all, watch it. It is a great explanation by an attorney on why you should never talk to law enforcement without an attorney. Even if you are innocent and mean well.

[0]https://www.youtube.com/watch?v=d-7o9xYp7eE

[ Parent | on HN ]
Re:Ask HN: Ex-Employer alleging me for hacking. What should ... by toss1 on Friday February 19, 2021 @03:29PM (#26197662)
Yes, get an atty, (and I am not one), and make sure they are a really good one, specializing in your type of case (not just a random general practicioner. Get recommendations from the best attny's you can contact in your network.

Meanwhile, preserve and start collating every record you can, system logs, application logs, phone calls, pictures, locations, etc. Get every receipt. Try to reconstruct every bit of time you can. You don't know the date/time of their events, and if they are at times T1, T2, T3+++, and you can establish that you were out on a hike at T1, fueling your car at T2, and had shut off your computers at T3-20min, you start to establish your innocence.

And, of course cut off ALL contact with everyone there, and log every contact they attempt to make. Resist the temptation to defend yourself to them personally.

Good Luck!

[ Parent | on HN ]
Re:Ask HN: Ex-Employer alleging me for hacking. What should ... by shakkhar on Friday February 19, 2021 @06:17PM (#26199364)
I think OP could (should?) also sue the company for harassment and defamation if the ex-employer is badmouthing him around town which could have real career impact.
[ Parent | on HN ]
Re:Ask HN: Ex-Employer alleging me for hacking. What should ... by lostdog on Saturday February 20, 2021 @02:30PM (#26207042)
It's probably hard to win a case without concrete evidence that the badmouthing is happening and hurting their future job prospects.

The best bang-for-buck is to have a lawyer send the company a letter asking for all the concrete evidence of hacking, and reminding them of the relevant libel laws and what the consequences could be of spreading rumors. (Of course, they should hire a good lawyer and see what the lawyers suggests).

[ Parent | on HN ]