HR IssuesNov 13, 2018
UndisclosedHQYW58

Can I quit without turning over the metaphorical keys to the castle.

After seven years of service, I’m being asked to help the company that acquired us with the transition. For this they are offering a six weeks severance. This feels like nothing given they need me to transfer my knowledge for their next steps to be successful. Here’s my question: I’m the only person that has access to some important accounts, but can I quit with out being compelled to give them all of the access information? I’m not going to do anything to sabotage their efforts, and I certainly won’t access the accounts ever again, but Id prefer not to have to help them at all given the severance package.

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Amazon jefe_bezos Nov 13, 2018

Lawyer up.

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HQYW58 OP Nov 13, 2018

As in I need a lawyer to leave without turning this over or lawyer up to get more severance.

This comment was deleted by the original commenter.
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chikndinr Nov 13, 2018

no, he's not. He's not obligated

AppDynamics !mm! Nov 13, 2018

If OP works in an at-will employment state, they can show up one day, announce that they are leaving, pack the stuff on their desk and leave. Rt? There is nobody holding anything hostage from what I can tell.

eBay seaBay Nov 13, 2018

Okay I'm going to give you a very simple answer. I am not a lawyer but this is obvious to anyone familiar with our legal system. The accounts you have access to are the property of the company. When they were acquired, they signed over that property to the new company. "Can I be compelled" is a pretty straightforward question with a two part answer. (1) They cannot lock the doors and physically beat the passwords out of you. (2) your ass will be in court so fast after you walk out that door that your head will spin. And then a judge will order you to hand over the info because that info is not your property, it's the company's. You can play smartass with the judge and face contempt of court if you want but at the end of the day you've bought yourself maybe five days of satisfaction from messing with the company. Oh also they will probably be able to make you pay *their* legal fees for having sued you with a team of expensive corporate lawyers. And then of course this court case will show up on every employment background check you do for the foreseeable future, so probably a lot of companies will very reasonably decide to rescind your offer when they find out you can't be trusted.

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HQYW58 OP Nov 13, 2018

Completely fair and this is what I was looking for. This makes sense, and kind of what I expected. I can’t be forced to help them make sense of the information, correct?

eBay seaBay Nov 13, 2018

Not sure what you mean by "make sense of the information".

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HQYW58 OP Nov 13, 2018

In other words, I think the IP is meaningless to them if they don’t have me around to explain what it means.

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LBUi72 Nov 13, 2018

Instead of risking legal issues, why not negotiate? 6 weeks severance feels like nothing? Tell them you want 12, 16, etc. Ask for what makes it worth your while. If they don't play ball, be prepared to leave that day.

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HQYW58 OP Nov 13, 2018

This is what I’m planning to do, but I’m trying to understand how much leverage I actually have.

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LBUi72 Nov 13, 2018

Oh that's easy, absolutely none. They will ask you for the login and passwords. If you refuse, they will use your work email to reset the accounts (if you created them with that email). If you used a personal email, they will subpoena and force you to provide reset codes. If you change any passwords, delete any accounts, or hinder their ability to use the accounts... You can, and likely will, face criminal charges and civil penalties. But, you providing a transition is where they see the value... Not you turning over the logins and passwords. Leverage that position.

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hiringData Nov 13, 2018

I don’t think they can do anything once u leave . U r not taking physical IP out . Just stop showing up at work and let them come back to you

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Call Me. Nov 13, 2018

Lawyer up to get more severence pay and create a succession plan...

Google snidely Nov 13, 2018

Quit. Then offer to work as a contractor for a huge daily consulting rate. Duh.

Broadcom Ltd. rFkd21 Nov 14, 2018

CA technologies?