Severance Agreement - Default?

[ptayman]

My former employer and myself entered into a severance agreement. Included in that agreement was the retrieval of nine years worth of personal documents, files, and contacts on my laptop computer. In the process of the company trying to remove the files and send to me, because I was no longer allowed access to the computer, they crashed the laptop and all data and files were lost. Since this was in a severance agreement signed by both parties is the former employer at fault and can I place a value on the lost data and be properly compensated?

 

[lwpat]

Absolutely. When they took the laptop, they became responsible and I doubt it was accidental.

 

[ptayman]

Any advice on how to go about asking for compensation and how to place a value? I do not want this to turn ugly but i do want to be compensated. Thanks!

 

[lwpat]

Sorry, I loaned my crystal ball to SJ and he must have dropped it.

 

[jacksgal]

Any advice on how to go about asking for compensation and how to place a value? I do not want this to turn ugly but i do want to be compensated. Thanks!

Its not likely you will be able to pursue this without it getting "ugly".

 

[ptayman]

The company is not willing!

The company is saying that all information on the laptop is their property and they are not liable to me for any loss. I have a signed severance agreement stating they would allow me access to the information. Which agreement has precidence? The severance agreement or their electronic communication acknowledgement between employee and employer.

 

[lwpat]

You can both argue your positions in front of a judge and he will decide. Normally the contract would prevail but contracts can be modified by a later agreement between the parties. Let a local attorney look at the wording and give you an opinion.