Can the Fifth Amendment protect you from having to turn over your personal laptop and email account when you are fired? Maybe not.
In New Jersey, an ex-employee allegedly sent over a hundred emails filled with confidential data to his personal Gmail account. This was frowned upon, especially since he had signed a confidentiality agreement.
When the company demanded he hand over his devices and accounts for inspection, he played the Fifth Amendment card, saying it protected him from self-incrimination. But the court wasn’t having any of it.
Why? Because during the HR investigation, he admitted in writing there was incriminating evidence waiting to be found, so the court held he waived his right to Fifth Amendment protection.
So even if turning over the devices could get the employee arrested, the court held that was okay in this situation and even benefitted the public interest.
Be careful out there with your side hustle.