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Can an e-mail be used after the employee has left?

Expert: Howard Levitt

Moe asked:

I recently owned a company with a partner, but left as we could no longer work together. Trust is an issue, and a year later he has not disabled the e-mail account at the business with my name and signature attached to it.

While there was an e-mail sent out to our customers that I am no longer with the company, I have requested he remove that e-mail account as I don't want him able to send out electronic correspondence as though it was from me.

I understand that e-mails I'd sent in the past are company property, but my name isn't, and I don't want abuse of that e-mail to take place. What are my rights in this instance, if any?

Howard Levitt answered:

Simply, the employer can not impersonate an employee, whether this is during the time of employment or after the employment has ended.

About the author

Howard Levitt, Counsel to the national law firm Lang Michener. He is author of, The Law of Dismissal in Canada, The Quick Reference Guide to Employment Law and an upcoming book on Canadian Hiring Law. He is Editor In Chief of the Dismissal & Employmnet Law Digest.

Phone: (416) 307-4059
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