San Jose Employment Lawyer Explains the Computer Fraud and Abuse Act
A San Jose employment lawyer can explain that California employers are usually free to terminate their employees for any reason, so long as it is not an illegal reason. Employers are not able to illegally discriminate against employees such as by terminating them due to their race, sex, color, national origin or religion. However, a San Jose employment lawyer may explain that some employers may attempt to intimidate employees with valid employment discrimination claims. One way that they may do is to threaten them with the Computer Fraud and Abuse Act.
Background on Act
This act was originally established in 1984 in order to protect confidential, classified and financial information that was stored on computers owned by the federal government or private entities acting in their interest. The original act only prohibited the unauthorized access to these computers and hacking. Therefore, it did not provide provisions regarding use by authorized users. However, the act has been reviewed and amended multiple times since its original passage.
Elements of the Current Act
A San Jose employment lawyer can explain that today’s rendition of the act provides employers with potential claims against employees if they meet specific legal criteria. The employer must be able to prove that the employee intentionally accessed a protected computer who did not have the proper authorization. His or her use involved interstate or foreign communication. Additionally, the employee must have had the intent to defraud and have obtained something of value through his or her unauthorized access. Additionally, the employee must have intentionally caused damaged to a protected computer or caused damage of a specific value due to his or her unauthorized accessed. A San Jose employment lawyer can explain whether an employer’s counterclaim regarding this particular act has merit and if there are any potential defenses available.