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Friend/colleague was terminated, and prior employer locked her out of private Canva account, then claimed she was ā€œinsubordinate.ā€ [Kentucky, USA]
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superherbie is in Kentucky
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Hey folks, Iā€™m an attorney in KY but I donā€™t deal with employment issues at all. Wanting some leads for a friend.

She worked for a private employer, ~40 total employees. 10 year work history, perfect reviews.

She frequently used her private Canva account, which she created before this job, to whip up designs for her employer. She also had designs sheā€™d made for her wedding, neighborhood events, etc. It was a mix of personal stuff and work product.

She was terminated, and she changed the login to her account. Nevertheless, they got into it anyway, and locked HER out. She expects she will get access after talking with customer service, but wants to make sure she doesnā€™t put herself in a bad spot.

I told her I figured the stuff she did for her employer is their work product, but the rest, and the account itself, is not.

Should she regain access, can she save all of her own stuff and delete the rest?

Secondly, the ostensible reason for her termination was insubordination, despite her being a terrific employee and person. In short, she had too many tasks, and her supervisor asked her to do even more. She said she was unable, because there was already too much for her to do, and she couldnā€™t meet the deadline for the new work. Supervisor said ā€œyou donā€™t have a choice. You have to.ā€ She confirmed that she could not accomplish the task along with the other things she had on her plate. Two days later, she was fired for insubordination.

I recommended that she submit a rebuttal letter to her file, in case it causes issues with unemployment. Anything else youā€™d recommend she do?

Thanks Iā€™m advance for any guidance!

Comments
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I appreciate that.

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She didnā€™t create the personal works during paid time. Itā€™s an account that she accessed from both work computer, and her personal computer.

Sheā€™s worried about the prospect of the prior employer deleting everything ā€” it would be a loss of dozens/hundreds of hours of her own personal efforts. Plus it seems like they would only do so retributively, since itā€™s no use to them.

It feels like if I drafted a pleading for a client in my personal Microsoft word account, and then at home used the same word account to type up a personal journal entry. Iā€™d be very upset if then the employer got into my Word account and deleted my journal entries.

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I do expect the Canva access will become something of a tug of war, and hopefully their customer service can help her maintain control of it. Sounds like theyā€™ve been good on it so far.

Thanks for your reply.

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Iā€™m using a hypothetical as an example to explain the situation my friend is in. Sheā€™s not an attorney.

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11 months ago