Do i have right to take backup of work emails to prove overtime after termination

UPDATED: Oct 2, 2022

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Do i have right to take backup of work emails to prove overtime after termination

I was terminated on 31st July and I asked for backup of my personal data and they
said yes we will make arrangement. Now they are not responding and also not
paying me overtime I did for 40 hours. Do I have the right to take the backup of
work emails to prove overtime after termination?

Asked on August 12, 2019 under Employment Labor Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you do not: the work emails belong to the employer, not you, and it is actually a form of theft to take them. If you file an overtime lawsuit or complaint, there are ways you and/or the department of labor can legally get these emails--but simply takin a copy of them is not permitted.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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