computer information

[e1mariem]

Due to the restructuring of my company, my position as IT Manager will be eliminated soon. I am the only person in the IT Department, and management has decided that my services will no longer be needed after a certain date.

Legally, what computer information am I required to provide my employer upon my termination (administrative passwords, codes, procedures, etc)?

And if I refuse to comply with their requests, can they deny me my last paycheck and\or unemployment benefits?

 

[cbg]

The information belongs to the company, not to you. You have no legal right to withhold any of the information.

If you refuse, they cannot by law withhold your paycheck and the employer does not get to decide who does and does not get unemployment (the state does that) although they most certainly can contest. They can, however, sue you for the return of the information, and they will win.

 

[e1mariem]

That's kind of what I thought, but thank you for the information. They have no other technical people on staff, so after I give them the passwords, etc, am I somehow required to show them what to do with the information, or can I just walk away?

I don't want to be difficult, but this company has recently terminated dozens of long time, loyal employees, without any type of severance, and recently terminated their ability to even receive cobra insurance.

 

[jacksgal]

It may not be smart to burn bridges. Somewhere down the line a potential employer may contact them. If your parting is pleasant the better reference you might get

 

[cbg]

Who does and does not receive COBRA is determined by Federal law. How did they "eliminate" COBRA access?

 

[e1mariem]

Not sure how they eliminated it, but they sent everyone a letter saying that all benefits, including cobra were being terminated on a certain date.

 

[cbg]

Oh, I get it.

COBRA is the continuation of existing benefits. If the health plan is cancelled outright, there is nothing to continue, and therefore no COBRA. This is specified by the COBRA statute and is not anything "sneaky" being done by the employer.

It would seem to me that an employer who is cancelling all benefits and laying off long time employees without any severance, is probably in financial difficulties, not a hard thing to believe in this economy.