Quote:
Originally posted by Ganjasaurus
A friend of mine was wrongly terminated from her job when her employer kept pissing in the bathroom directly in front of her desk with the door open. After telling him a few times not to do that, he said "if you dont like it, you can get the fuck out...". She said she didnt like it, and he fired her.
After months of waiting for her lawyer to do shit, she finds out that her ex employer had his laywers go through the computer she used to use and get all kinds of shit on her about coming into work hung over and doing drugs etc... that stuff has no relevance to the case yet it discredits her badly.
Here is my question... This info they got out was from her personally AOL account. They logged into her account and took her personal emails, etc... She was sending these emails during work but it was her private aol account. Are they allowed to do that?
Does she have a case?
Thanks.
ps. please let me know if you know any law offices i can refer to on this issue.
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I am not a lawyer, nor do I play one on TV:
However a friend of mine just went through the same sort of thing, the company he worked for installed a program to monitor all of his activity, and found Email he had sent they disapproved of, and fired him, I asked a question to a internet lawyer here is his reply
(This was a question/answer NOT legal advise)
this was in response to the ECPA law:
<I>Under ECPA, a company has the right to examine its own computer equipment (including info stored on the computer) - but it should inform the employee of the possibility of monitoring (as there can be a question on who "owns" what info on the computer, as well as whether its examination is for systems abuse, etc). Whether the data was "private" may depend on whether the monitored email account was for business, personal or combined use - and whether others had a password or other access to the info. Even if a violation occurred, the ECPA is not self-enforcing, so the employee would need to raise any ECPA claims and seek to bar the data. Not much case law available, so hard to predict what might happen. If the info is not protected under ECPA, then your friend could be terminated in most states without any problem, based on lack of loyalty. If the only issue is whether to receive unemployment or not, unlikely that he would want to invest big bucks to fight the issue.</I>