Virtual assistant rights and laws
helpvirtually
(Querist) 04 July 2012
This query is : Resolved
For last one and half years, I was working with Australian Entrepreneur as virtual assistant from India. In my tenure I was getting instructions, and communicating to the director of the company on Skype and yahoo, text chat and voice calls.
I worked for him extra hours, and beyond the field of what I was assigned while entering into service contract with him.
In month of June I asked him for salary hike which was a term of contract. That became a matter of dispute and he started closing all accesses of his computers to me by changing passwords.
All my daily, weekly, and monthly updates, performance reports, task related documents were created, stored, and updated regularly on Google docs created through Google account separately created for this purpose. This free account was created by me and maintained by me for one and half year totally with shared access to the director and other people concerned with different tasks related to them.
All my communications are stored in free Skype account as well as free yahoo account opened for communication between director and myself. It contains all updates of the work done by me.
All Skype, Yahoo and Google accounts were free and totally unpaid by the company, which were created for the purpose of online document creation, storage and easy accessibility for all and for the purpose of better communication with each other. Company never paid for these Google Yahoo or Skype accounts.
In fact, he accessed and stalled Google Docs and total Google account without my knowledge and started making demands of working without those accesses which was impossibility.
Ultimately I was left with no option but to retain my updates on free Skype and free yahoo account which were allocated for my communication with him. All this contains my updates and his communication with me.
Now he is not paying me. I have tendered my resignation and told him that I would be delivering this account information only after I get paid. I apprehend that whether he pays me or not, as soon as I give access to these accounts, he would be deleting or would be tampering with the communications which is my only proof of the work transactions and updates made with him. In the event, he deletes all this communication or closes access to these Skype and yahoo, I will not be left with any proof of all the things i have done for him / company.
In the communications he has already alleged that I have put virus in one of chat software made by company, whereas the virus was already in chat software from February 2012 and he was notified with that by the developer and me and he has discussed upon it several times on Skype. Now if this communication is given to him, he is bound to tamper the same. Also this is only proof for my defence.
I feel that this person is mischievous and may allege of the things which I have not done,in case he has any intentions of harassing me by filing false case against me.
He has sent an ultimatum on 4th July 2012 stating that “ I should return all the materials belonging to the company by 9th July 2012 or else he will file legal proceedings against me. I am a small person and will not be able to afford such type of frivolous litigation and will not be also afford to lose all information which is live on skype.
Now I have following questions to ask :
1. Whether any such account opened free and used free of cost [Skype and yahoo and Google] belongs to any company or institution like what is claimed by the Australian entrepreneur ?
2. Whether giving of such access to the communications permanently, will jeopardise my defence?
3. Whether he can claim these communications to be his proprety and take legal action against me, either civil or criminal?
Devajyoti Barman
(Expert) 05 July 2012
1. Yes, the owner is the company which has and run such account like Google Inc.
2.Yes , never befool yourself by parting with the information.
3.Yes he can but as long a s your rightful dues are not cleared you have lien against those information.
Continue sending him notice to clear your dues which would only enable you give access to those information.
Since he stays overseas, the chances of prosecution is very remote.
helpvirtually
(Querist) 05 July 2012
Hi Devajyotiji
Thanks a lot.
However virus attack allegation is a matter of anxiety for me still.
1. How could I be protected from this in terms of law?
2.I know that the liability to prove this is on company, however, it can initiate police action or legal proceeding, which I am really afraid of.
3. May I get your email address to contact further?
