I work about 25hours a week as a subcontractor for an IT company in Ottawa, Canada to supplement my computer repair business. One staff member had an emergency need for Photoshop so I installed a cracked version. It was supposed to be a temp thing but I forgot about it and it eventually got discovered by my boss. Now he's withholding payments and threatening to sue me. I plan to talk to a lawyer but is anyone here familiar with the situation. Is this a slam dunk for my employer if it goes to court or do I have a fighting chance? Please spare me the lectures on piracy. I was just trying to help the guy but it's obviously a dumb mistake.
Sued by employer
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ATTech
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What exactly is his grounds for the lawsuit?
vdub12
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Well honestly I know you said not to lecture you but its not worth putting yourself out there by using pirated software on a customers system. With that said i am sure you learned your lesson, at least i hope you did.
I regards to him suing you I would check with a lawyer but I am not sure he has grounds. Because he is not the copyright holder for the software that was pirated. He can fire you yes but sue you I really don't think it would go anywhere and honestly it would just cost him money for a loosing battle. Once faced with the amount of money it would cost him chances are he will back off. I'm sure if he was serous about it he would have already talked to a lawyer and found out how much this would cost him with very unlikely chance of wining. I think he's just blowing smoke up your a$$.
I regards to him suing you I would check with a lawyer but I am not sure he has grounds. Because he is not the copyright holder for the software that was pirated. He can fire you yes but sue you I really don't think it would go anywhere and honestly it would just cost him money for a loosing battle. Once faced with the amount of money it would cost him chances are he will back off. I'm sure if he was serous about it he would have already talked to a lawyer and found out how much this would cost him with very unlikely chance of wining. I think he's just blowing smoke up your a$$.
ATTech
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Ok, and is he claiming losses based on this? Did Adobe sue him for it? Is he claiming that it was detrimental to the image of his business?
He needs to prove that he incurred some sort of loss as a result of your actions in order to have a snowballs chance in hell at winning the lawsuit. Do you have anything in your contract that may be relevant to this situation? I'm no lawyer, so I would certainly speak with a lawyer in your area about the the possible ramifications but my guess would be that he won't be going any farther than threats.
When you installed the software were you working as the subcontractor or on your own? Either way you put his company in a very difficult situation.
Pirated software on a home machine is one thing, but on a business computer it is a big no-no. The BSA (Business Software Alliance) who enforces software copyright levies BIG FINES when it discovers pirated software. All it takes is a disgruntled employee to blow the whistle.
A lesson learned here. NEVER USE PIRATED SOFTWARE during the course of your business or in ANY business environment.
Pirated software on a home machine is one thing, but on a business computer it is a big no-no. The BSA (Business Software Alliance) who enforces software copyright levies BIG FINES when it discovers pirated software. All it takes is a disgruntled employee to blow the whistle.
A lesson learned here. NEVER USE PIRATED SOFTWARE during the course of your business or in ANY business environment.
You may have to sue him to get your money.
What do you think of my chances of winning such a lawsuit?
Does BSA operate in Canada. Piracy laws are a lot more lax in Canada. In saying this, I am not justifying my action and have obviously learned my lesson.
You really need to speak with a lawyer. My guess is that it'll be a wash with both of you agreeing not to sue the other - but that means no money.
The BSA is a worldwide organization
The list of countries in the drop-down list at the top of the page does list Canada.
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vdub12
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He has no right withholding payment. I would just start adding late fees if he does not pay and if you have to send it to collections.
Canada's laws I'm sure are different. I think your best bet is to talk to a lawyer.
I think he may be using this whole thing to get out of paying you. He knows he cant win but he figures if he threatens you then maybe you will not go after payment. Like I said before I would consult a lawyer but if it was me I would go after payment like a rabid dog. Use every resource you have because for some reason this sounds fishy to me. I would find out if he has done anything like this before with any other subcontractors.
vdub12
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If you subcontract then you are not an employee. If you where an employee you would have even more angles to get paid. As an employer he can't withhold a paycheck. He can get in a ton of trouble for that. As a subcontractor he is paying you do work for his clients but when it comes to liability you are responsible. You could get in trouble for the piracy as a subcontractor but not as an employee.
I would send him a bill for what he owes you and make sure everything is in writing over email and if he says your an employee then go after him though whatever Canada's equivalent to the labor board is.
K007
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wtf, you said you live in Canada?
For all I know is illegal to withold the payment of a salary....
If you get sick and cannot pay the doctor then you can sue...
I belive he is just so angry with you...
I don't believe he will sue.
I also get the feeling that you didn't see your boss face to face in private. Mabye doing so and telling him that althouh you accept the consequences of your mistake, what has happened does not define who you are.
Go see him in private and while apologetic, stand your ground.
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Pretty sure you don't pay to go to the doctor in Canada...
m5online
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You are screwed with your employer but I wouldn't worry to terribly about being busted for pirating software. The VAST VAST majority of big software companies (like Adobe) wont even bat an eye at verifying software compliance unless the violation is $50,000 or more.
