Outten & Golden attorneys defend employees whose employers accuse them of violating the Computer Fraud and Abuse Act (CFAA), a federal statute that provides civil penalties for unauthorized access of another's computer or computer system. To succeed under CFAA, the employer must show that the employee intended to defraud and caused damages in excess of $5,000.
Claims by employers under the CFAA may constitute unlawful retaliation for protected activity like complaining about discrimination. In those circumstances, the employee may be able to recover damages against the employer including attorneys’ fees and costs.
In limited circumstances where employers wipe employees’ personal electronic devices and destroy employees’ personal data, employees may have claims against their employers under CFAA.