Being sued from my ex company

[Trikk 5]

Okay, so I worked for a company that does merchant services for company's.

I worked there doing telemarketing for 3 days, once I got fed up with it and about to quit, I was offered a job at their corporate center.

They hired me to post ad's on craigslist, myspace, facebook, spam them everywhere.

I did so, for a day. Then I quit, I didn't want to do that I wanted a tech position, so I took myself somewhere else.

Well, come to find out they are threatening to sue me.

They say I supposedly hacked into their asterisk servers, trying default passwords.

Then accessed some sort of Bank Account Pro server or such.

Also, they say i escalated my privileges on the Ubuntu box I was working on to get root.

From there saying I deleted files on other computers.

I did NOT do so, and I swear by that.

My question is, and I know this may be in the wrong forum, but there is no 'legal advice' forum,

What can they do?

It's THEIR network, they can put anything they want there.

Then I thought, why would they try to frame me, there HAS to be a reason why they think this..

I talked to a friend, and what I was doing for them was illegal, spamming ad's for them all over craigslist, myspace, etc.

So maybe they are trying to scare me, since they think I will talk to someone and get them in legal trouble?

I mean, after a day I did quit, I found it to be morally wrong.

Telemarketing, spamming? Not my idea of a good job.

What do you guys think I should do?

Edited August 13, 2008 by Trikk

[n3xg3n 33]

Call a lawyer? Get a good one who understands the type of case. If you didn't do anything wrong, a good lawyer can work with that

Edited August 13, 2008 by n3xg3n

[Trikk 5]

But what about legal fee's?

Can I counter-sue for legal fee's among time/stress?

Also, it's THEIR network, will it show timestamps?

How exactly can I disprove any of it?

If they take me to court, they can do anything they want, it's THEIR system, THEIR network.

What i'm trying to say is, if they tamper with anything on the system, will it show if they do so in a time stamp?

[mirrorshades 3]

What do you mean, they are "threatening to sue you"? Give more details. The stuff you've mentioned doesn't sound like it is something they could sue you over. Maybe threaten with legal prosecution of some sort, but not sue you.

Generally, you will either be sued or not. Or, there may be some sort of demand (e.g. "we will sue you if you do X or if you do not do Y").

The whole thing sounds very vague. Either they're making some sort of attempt to scare you, or there's more that you're not telling us.

[p0d 1]

There's a difference between "threatening" and "are going to."

They put you on an Ubuntu box? Why on earth would they do that... clearly you're not telling us something. We need more detail if you want help, be rather indiscreet about it though; after all this is a public forum.

EDIT: IANAL

Also, if they DO sue you, their case would not be very compelling if they didn't provide things like "time stamps" and logs, pretty much everything about their network topology; further, why don't they press charges and have you arrested? I call this one a bluff, but if they want to accuse you, you have the right to ask why (just keep asking it) and genuinely bug the hell out of them, call up all the relevant people and record the conversations (disclose this of course) while you ask questions, if they ask why say that you would like to know on what grounds you are being sued for and, if it is what they say it is, why you have not been arrested. Ask if they have a lawyer, dig up some info on the company; basically arm yourself to the teeth with information and ammo against them, then if they keep at it get a lawyer... Also, depending on how often they are doing this you can threaten to sue vexatious litigation (I would just throw this right at them).

I tend to ramble and I AM NOT A LAWYER, but I hope that helps!

EDIT (again):

Sorry, you wouldn't be able to sue for vexatious litigation unless they actually sued you, then you would have to prove that their suit was done with intent to "vex" or harass you but you could still say "well if you sue me than..."

Edited August 13, 2008 by baby-Hackribs

[Greeny 0]

This company has nothing better to do than sue tellemarketers/advertisers?

I think there is something you're not telling us.

Edited August 13, 2008 by Greeny

[Trikk 5]

Okay, so the reason I got promoted in the first place was because I talked to one of the tech's.

I told him I was somewhat computer savvy, so he talked to his boss and got my foot in the door in the corporate, doing advertising.

No, there isn't anything i'm not telling you, the whole office uses Ubuntu linux on their computers, only one system contains Windows XP.

95% of the systems in the office are strictly linux, and they are trying to push out all their systems, including the ones telemarketers use to have linux.

They are just using an x-lite softphone so they can easily integrate linux instead of Windows.

As for how I found out they want to sue me, my uncle works for them doing sales, hence how I originally got the job.

One of the tech's said that his boss is threatening legal action/wants to pursue sueing me.

Thanks for the input though, I especially do like that part as to how they haven't tried arrested me of some sort if it is true what they say.

I do believe it is a scare tactic of some sort, however it is a bit overwhelming, as i'm still on probation for another incident that happened, which is some-what similar to this case, except it was with my city's library. No destruction done of course, but it was still illegal, and I didn't get too serious of a consequence.

[Murd0c 0]

He's probably lying anyhow. Besides, didn't they ban Trikk like seven years ago?

[Trikk 5]

1) I'm not lying, ha

2) No, I was never banned

[Murd0c 0]

1) I'm not lying, ha

2) No, I was never banned

Oh, I totally believe you now.

[Ohm 25]

I'd sue you out of principal for jerking them around. Quitting after 3 days? Come on man..

[snakesonaplane 9]

LOL, I'm wondering why they care so much to take the time and effort to threaten you. I mean, their business revolves around spamming websites.....

[cyb3r-dan 0]

Stop flaming him,

Ohm Posted Today, 10:27 AM

I'd sue you out of principal for jerking them around. Quitting after 3 days? Come on man..

its up to him to quit and i probably would of because i hate scams and spam emails. and its probably a repetitive job.

i personally believe trikk, and think they are trying to scare him, theres no harm in giving people benefit of the doubt. i think the best thing to do is get a lawyer and just talk to them.

[UTS_HOST 1]

if you did nothing wrong you have nothing to fear. computer forensics will prove this with out any problem. if the data has been changed in any way the evidence will be thrown out. there are strict guide lines when it comes to digital forensics and using it against someone. if the computer is still on, and possibly being used game over for them.. anything taken with out using a read only block, game over.. you should be fine.

[t3st.s3t 0]

Did you receive a summons? Your story makes no sense. I imagine that pressing charges would be more appropriate for this situation.

[PurpleJesus 13]

Did you receive a summons? Your story makes no sense. I imagine that pressing charges would be more appropriate for this situation.

Good question.. Scan anything in paper they have sent you.. also... can you / will you record the conversations if they call you again?

[Ohm 25]

Stop flaming him,

Ohm Posted Today, 10:27 AM

I'd sue you out of principal for jerking them around. Quitting after 3 days? Come on man..

its up to him to quit and i probably would of because i hate scams and spam emails. and its probably a repetitive job.

i personally believe trikk, and think they are trying to scare him, theres no harm in giving people benefit of the doubt. i think the best thing to do is get a lawyer and just talk to them.

He knew what the job was before he agreed to take it, if he didn't like it he shouldn't have taken it. Quitting after a few days is a really shitty thing to do, all you do is waste a lot of other people's time and expect to get paid for the relatively little work you did accomplish. Even if this haxoring incident didn't happen, don't expect a recommendation from these people.

[w3lshrarebit 2]

IANAL and this is only what I would do if it were me....

I would consider seeking a lawyer or paralegal in this matter. For no other reason than the unsettling idea that an organization so unscrupulous, with access to sensitive information, has accused you of offenses for reasons unknown. This whole scenario sounds fishy and I would certainly do what I could to cover my ass if it were me. By slandering you to other workers they have committed defamation of character, which is a tort that you can sue for. At the very least, I would make a sworn (before a justice of the peace, notary public, or the equivalent where you live) affidavit stating that you are aware of the situation at this time and that you deny the accusations made. This should only cost around $50. Try to be as specific as possible as they have probably made an entry on your personnel file with their version of the "facts". Good luck

[snakesonaplane 9]

He knew what the job was before he agreed to take it, if he didn't like it he shouldn't have taken it. Quitting after a few days is a really shitty thing to do, all you do is waste a lot of other people's time and expect to get paid for the relatively little work you did accomplish. Even if this haxoring incident didn't happen, don't expect a recommendation from these people.

Ohm,

I can understand your standpoint, but there are nuances to jobs that cannot be explained by "knowing what the job is before you agree to take it." It's impossible to know the full scope of a position and how much it will suck/be a positive experience without actually experiencing the job. Whether or not trikk was fully aware of the job description or if he was trying the boots on for size, I think the employer always gets more room to do what they like -- all while the employee gets shafted.

Think of it this way: for many jobs, you must relinquish much of your privacy. They take everything: background check, driving record from the DMV, your URINE. And they can just fire you right on the spot if they don't see you fit during their "evaluation" period. But if you hate your job, you must politely give notice and leave quietly, without making any fuss. You can't just drop if it you don't like it (like the employer can) -- at least not without a blank spot on your resume and an omitted reference. The employer-employee relationship is bullshit in the highest degree if you ask me. I've applied for jobs and been jerked around too many times to feel sympathy for the employer in this case. They've had me fill out countless forms, drive to a hospital to piss in a cup, etc. - just to offer the job to someone else. That sort of busy work should be a condition of employment that happens upon hire of the candidate, not a scavenger hunt for someone desperately searching for a job. The employer always has the upper-hand, and they often abuse it. While this may be trikk's fault for knowing the job position before applying, I doubt he has caused the employer the type of trouble they are giving him.

[PurpleJesus 13]

Now I want to piss test my boss.

[operat0r 0]

company spams people they prob get attacked constantly. Your account or workstation prob got owned then they blamed it on you. " well the logs show YOU logged in at so an so time" so sick of idiots pointing fingers when they have no idea how they got compromised ..

as for "there are strict guide lines when it comes to digital forensics" this is true .. I hope they all get rooted .. I hate spammers.

Edited February 28, 2009 by operat0r

[Trikk 5]

company spams people they prob get attacked constantly. Your account or workstation prob got owned then they blamed it on you. " well the logs show YOU logged in at so an so time" so sick of idiots pointing fingers when they have no fuckin idea how they got compromised ..

as for "there are strict guide lines when it comes to digital forensics" this is true .. I hope they all get rooted .. I hate spammers.

Very true, it is possible the box I was using got rooted. However, the person pointing fingers is the network administrator, who'm said he has looked at the logs. If my workstation WAS compromised, wouldn't it show some sort of log from an outside IP or proxy? However, if they do pursue this, I could mention that. It's been about a day, with no word from the network administrator. I don't know if they will pursue it, however they did threaten me. If they do, i'll use the advice you guys have given me.

Thanks