My company is withholding salary for the last 6 months. The problem is a year and a half old. Can I destroy (delete) the code that I wrote with a backup but not making them know until I get my salary.
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1Definitely no. In no reasonable legislation this would be okay. What you can do in this case is change job and sue the old employer.– BakuriuCommented Mar 9, 2019 at 21:01
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Are we talking about code you wrote in the last 6 months? Or last 1.5 years?– Alex DoeCommented Mar 10, 2019 at 19:05
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1Obviously, the code that had written in the past 6 months. The other are intact– AdamCommented Mar 12, 2019 at 6:16
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3 Answers
This is tricky, and I think you should ask a lawyer. The first question is who is the copyright holder. Usually if you get paid to write software for someone, they are the copyright holder. They didn’t pay, but were supposed to pay. Could be they just owe you money, could be you are the copyright holder, could be they owe you money and you are copyright holder until the minute they pay. A good lawyer in your country can tell you.
Second question is how much responsibility you have for damaging their business. Again, a lawyer might tell you the software is yours and you can do with it what you like. Or if they make$1000 a day using your software, maybe the lawyer tells you they can sue you for $1000 s day in damages. That is less likely, but not impossible. So ask a lawyer before any action.
But then you don’t hire a lawyer to learn about the law, you hire them to get results. So it might be better to go to a lawyer, tell them what happened, and ask him to make them pay. A single well-written letter fro a lawyer might get you paid. Which is likely better than revenge.
answered Mar 11, 2019 at 20:11
On the offset I would like to mention that this is not legal advice. This is my two cents on the matter.
Firstly, no, you cannot destroy the intellectual property. Although, I am not sure what is specified in your contract of employment. However, there is a general understanding that while working for your employer under the Copyright Act, 1957, that although you are technically the author, your employer would be assigned all rights over the work as they have contracted you for receiving that intellectual property. The destruction of intellectual property is at best iffy, and in the worst case situation criminal (see section 63 of the copyright act). Since they would be able to attribute the action and the mental intent to you it would create a potentially detrimental situation for you.
Second, for nonpayment of salary there are many alternative remedies. Ideally, you should contact a lawyer. Normally, you would begin with attempting a mediation/negotiation with your employer to receive your backpay. Also, remember that if you are eligible for backpay you would receive a certain degree of tax benefit. If that does not work you can begin with a litigation to request for payment of your salary. You can begin a civil suit for a money-claim under the Code of Civil Procedure, 1908. This should be a fairly straightforward process and if you are able to produce your contractual agreement and indicate that you have not been paid for the last X months you would be able to receive compensation. Additionally, considering the injury it would have caused in terms of mental trauma and for the purpose of supporting your daily living, you would also be able to claim exemplary damages.
Essentially, to summarize please contact a lawyer and begin the suit as soon as possible. I would strongly oppose any destroying of intellectual property and recommend seeking professional advice on the point.
It depends on your contract and nobody can give a definitive answer without studying that first. It doesn't sounds good as it may be colorable as a criminal offence under the provisions of the Information Technology Act.
