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They can if the work is related to your position. What counts for that? You’ll figure it out when you sue your employer after they fire you.


In this case, the contributions in question are to IBM's VNIC driver, which undoubtedly counts as "related to your position". Up until a few months ago, this employee was contributing to VNIC in an official capacity, using their work email. We don't know what changed, but that shows a clear connection that would be hard to dispute.




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