Any legal issues with an employer spying on an employee off the job? - GoFuckYourself.com

Scat in the Hat · 10-19-2008, 07:45 PM

Say an employer is spying on an employee by hiring someone to talk to him via instant messaging... is that legal? And what can be done about it?

Just wondering if anyone has any experience or knowledge on this matter...

Sly · 10-19-2008, 07:46 PM

LOL.

Sounds like entrapment... don't know if that matters. What are they talking about?

tony286 · 10-19-2008, 07:50 PM

sounds illegal to me

Scat in the Hat · 10-19-2008, 07:56 PM

Quote:

Originally Posted by tony404

sounds illegal to me

I remember you posting a while back that you used to work in HR...

What can be done about something like this?

Scat in the Hat · 10-19-2008, 07:59 PM

Quote:

Originally Posted by Sly

LOL.

Sounds like entrapment... don't know if that matters. What are they talking about?

They seemed to be really interested in what my thoughts were towards the company and things like that.

I also have been open about my adult biz as well and the person would randomly ask things like "what are you doing? looking at porn? lol"... stuff like that...

xmas13 · 10-19-2008, 08:00 PM

Quit your job, problem solved.

Scat in the Hat · 10-19-2008, 08:04 PM

Quote:

Originally Posted by xmas13

Quit your job, problem solved.

I don't see it as a problem. I have nothing to hide. I'm looking at it more as an opportunity.

kane · 10-19-2008, 08:04 PM

I think it probably depends on the state/local laws and it may depend on what they are trying to find out about you. For example if they were trying to find out who you were dating or something that has nothing to do with the company you work for I would imagine they can't do that, however if they suspect you were doing something either against company policy/rules or you were involved in trying to hurt/scam/damage the company it might be okay.

If you think they are trying to damage you by spying on you it would probably be worth a few hundred dollars to go see a lawyer and ask them about it.

Scat in the Hat · 10-19-2008, 08:08 PM

Quote:

Originally Posted by kane

I think it probably depends on the state/local laws and it may depend on what they are trying to find out about you. For example if they were trying to find out who you were dating or something that has nothing to do with the company you work for I would imagine they can't do that, however if they suspect you were doing something either against company policy/rules or you were involved in trying to hurt/scam/damage the company it might be okay.

If you think they are trying to damage you by spying on you it would probably be worth a few hundred dollars to go see a lawyer and ask them about it.

Yeah well they would have to have a damn good reason to have suspicion. I'm a top performer in the company. We did have a little drama over an issue with a raise where I ended up quitting but then getting re-hired 7 months later. The spying started a few months before the re-hire. Not sure if me quitting my job is a good enough reason to spy on me.

Sly · 10-19-2008, 08:11 PM

Do you have proof they are doing this? This sounds very very bizarre.

psili · 10-19-2008, 08:11 PM

Quote:

Originally Posted by Scat in the Hat

Yeah well they would have to have a damn good reason to have suspicion. I'm a top performer in the company. We did have a little drama over an issue with a raise where I ended up quitting but then getting re-hired 7 months later. The spying started a few months before the re-hire. Not sure if me quitting my job is a good enough reason to spy on me.

IANAL (hahaha, "anal").
Anyway.
- If you have the means to get litigious and some reasonable proof - stop posting, get a lawyer, and see what you can do.
- Otherwise, keep posting.

Scat in the Hat · 10-19-2008, 08:17 PM

Quote:

Originally Posted by Sly

Do you have proof they are doing this? This sounds very very bizarre.

i would prefer not to get too into it on a public forum. I have chatlogs which contain some things including actual first names of people in the company, as well as scenarios she was trying to get my opinion on regarding actual events that have taken place during my employment etc.

edit: actual scenarios but with names and places changed.

kane · 10-19-2008, 09:04 PM

Quote:

Originally Posted by Scat in the Hat

Yeah well they would have to have a damn good reason to have suspicion. I'm a top performer in the company. We did have a little drama over an issue with a raise where I ended up quitting but then getting re-hired 7 months later. The spying started a few months before the re-hire. Not sure if me quitting my job is a good enough reason to spy on me.

I guess I would either just drop it, or confront them about it, but log and keep record of what you suspect. If they are looking for a reason to fire you (which it sounds like they shouldn't be because you are a top performer and they hired you back after you quit) then just let them look, don't talk to the people on IM unless you know them and if they fire you then you can decide what type of action you want to take.

If you really think it is them, confront them about it and see what they say.

Scat in the Hat · 11-09-2008, 08:06 PM

Ok well I ended up getting fired on the spot after some shit I brought up with my boss... I got too many things on my plate to consider action, but what kind of action should I take if any?

mikeyddddd · 11-09-2008, 08:18 PM

Arw you also known as pussyserver?

Scat in the Hat · 11-09-2008, 08:30 PM

Quote:

Originally Posted by mikeyddddd

Arw you also known as pussyserver?

actually no

marketsmart · 11-09-2008, 08:31 PM

Quote:

Originally Posted by mikeyddddd

Arw you also known as pussyserver?

that would be my guess....

WiredGuy · 11-09-2008, 08:44 PM

Its legal if they're doing it on a PC/laptop owned by the employer. Otherwise, its not.
WG

wyldblyss · 11-09-2008, 08:51 PM

Maybe he is trying to get free porn passwords lol

Scat in the Hat · 11-09-2008, 08:57 PM

Quote:

Originally Posted by WiredGuy

Its legal if they're doing it on a PC/laptop owned by the employer. Otherwise, its not.
WG

exactly what I found out through research I was doing on the matter...

only problem is actually getting someone to admit to it...

and yes I did end up confronting human resources about this.

need to get some people hooked up to a lie detector test or something somehow...

and actually all of this has taken place on my personal equipment using my personal net connection off company time.

kane · 11-09-2008, 10:11 PM

The question is what did you get fired for? If they fired you for something you did at work that they didn't like you will have problems suing them. If they fired you for something you did in your personal life that has nothing to do with work, you may have a case. If you got fired for doing something in your personal life that could damage their company you may again have trouble suing them. So it really depends on what reason they gave you for firing you.

WiredGuy · 11-09-2008, 10:20 PM

If you really think this is happening, take the PC to a lawyer, they'll find a forensic examinator who can find out if there's any spyware/monitoring tools and the lawyers will prepare the case for you to take to court.
WG

baddog · 11-09-2008, 10:26 PM

Quote:

Originally Posted by mikeyddddd

Arw you also known as pussyserver?

I was thinking bi-polar for some reason.

Adultnet · 11-09-2008, 10:56 PM

well its fucked up

pornlaw · 11-10-2008, 12:58 AM

How is talking to you via IM spying ? If you responded to this person, then whatever you said is not confidential. In some states your business email account is not private. When it comes to privacy most courts are not inclined to give people a lot of privacy in regards to their electronic devices in the work setting.

kesha1 · 11-10-2008, 01:01 AM

Employer can spy on an employee, but within specific limits.

Scat in the Hat · 11-10-2008, 03:15 AM

Quote:

Originally Posted by pornlaw

How is talking to you via IM spying ? If you responded to this person, then whatever you said is not confidential. In some states your business email account is not private. When it comes to privacy most courts are not inclined to give people a lot of privacy in regards to their electronic devices in the work setting.

honestly, it sounds absolutely insane... it's just hard to explain what lead me to believe it was them... I said things during conversations to guage reactions of certain people that were exactly what i expected.

basically they hired some chick to talk to me via msn, on my personal account, on my personal computer, using my personal internet connection off company time.

With the questions and things she was asking, it was so obvious that it was somebody fishing for information from me.

After months of experimenting and saying things within the online conversations that would lead to actions in the workplace from other people who i suspected were in on it, I have traced it to my former employer.

Obviously they won't admit to it.

Scat in the Hat · 01-27-2009, 12:06 AM

I really don't have any concrete proof but want to take these mofos to court. I need to get some people hooked up to a lie detecter test.

DaddyHalbucks · 01-27-2009, 01:00 AM

Talking to someone is "spying?"

$5 submissions · 01-27-2009, 01:24 AM

How is the "target" acting? Is there a reasonable expectation of privacy? Are there non-public data involved? Did you sign a noncompete with your ex-employee?

Deej · 01-27-2009, 01:30 AM

depends on what was signed prior to being hired

StaceyJo · 01-27-2009, 04:38 AM

Quote:

Originally Posted by kesha1

Employer can spy on an employee, but within specific limits.

Agree, what's in the office must be in the office.

Oracle Porn · 01-27-2009, 04:59 AM

you sure its not the drugs man?

Vicious_B · 01-27-2009, 07:42 AM

This whole situation doesn't seem to make much sense.

Scat in the Hat · 01-28-2009, 05:52 PM

i don't do drugs oracle... it was a really messed up situation

10-19-2008, 07:45 PM	#1
Scat in the Hat Confirmed User Join Date: May 2004 Posts: 222	Any legal issues with an employer spying on an employee off the job? Say an employer is spying on an employee by hiring someone to talk to him via instant messaging... is that legal? And what can be done about it? Just wondering if anyone has any experience or knowledge on this matter... __________________

10-19-2008, 07:46 PM	#2
Sly Let's do some business! Industry Role: Join Date: Sep 2004 Location: Austin, TX Posts: 31,293	LOL. Sounds like entrapment... don't know if that matters. What are they talking about? __________________ Vacares - Web Hosting, Domains, O365, Security & More - Paxum and BTC Accepted Windows VPS now available. Wanted: CCBill pay sites for sale

10-19-2008, 08:00 PM	#6
xmas13 Confirmed User Join Date: Dec 2004 Location: GFY Posts: 5,176	Quit your job, problem solved. __________________ ICQ 557504926

10-19-2008, 08:11 PM	#10
Sly Let's do some business! Industry Role: Join Date: Sep 2004 Location: Austin, TX Posts: 31,293	Do you have proof they are doing this? This sounds very very bizarre. __________________ Vacares - Web Hosting, Domains, O365, Security & More - Paxum and BTC Accepted Windows VPS now available. Wanted: CCBill pay sites for sale

11-09-2008, 08:06 PM	#14
Scat in the Hat Confirmed User Join Date: May 2004 Posts: 222	Ok well I ended up getting fired on the spot after some shit I brought up with my boss... I got too many things on my plate to consider action, but what kind of action should I take if any? __________________

10-19-2008, 07:50 PM	#3
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	sounds illegal to me

10-19-2008, 08:04 PM	#8
kane Too lazy to set a custom title Join Date: Aug 2001 Location: portland, OR Posts: 20,684	I think it probably depends on the state/local laws and it may depend on what they are trying to find out about you. For example if they were trying to find out who you were dating or something that has nothing to do with the company you work for I would imagine they can't do that, however if they suspect you were doing something either against company policy/rules or you were involved in trying to hurt/scam/damage the company it might be okay. If you think they are trying to damage you by spying on you it would probably be worth a few hundred dollars to go see a lawyer and ask them about it.

11-09-2008, 08:18 PM	#15
mikeyddddd Viva la vulva! Join Date: Mar 2003 Location: you can't please everyone, so you got to please yourself Posts: 16,557	Arw you also known as pussyserver? __________________ AdultStarProfits AmbyaCash AnilosCash AzianiGold ColdHardCash FlashTheMoney IdolBucks MediumPimpin NSCash Nubiles PussyCash ScoreCash Sextronix SpunkyCash TubeTitans Twistys

11-09-2008, 08:44 PM	#18
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,452	Its legal if they're doing it on a PC/laptop owned by the employer. Otherwise, its not. WG __________________ I play with Google.

11-09-2008, 08:51 PM	#19
wyldblyss Confirmed User Join Date: Nov 2003 Location: The Buck Starts Here Posts: 5,779	Maybe he is trying to get free porn passwords lol

11-09-2008, 10:11 PM	#21
kane Too lazy to set a custom title Join Date: Aug 2001 Location: portland, OR Posts: 20,684	The question is what did you get fired for? If they fired you for something you did at work that they didn't like you will have problems suing them. If they fired you for something you did in your personal life that has nothing to do with work, you may have a case. If you got fired for doing something in your personal life that could damage their company you may again have trouble suing them. So it really depends on what reason they gave you for firing you.

11-09-2008, 10:20 PM	#22
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,452	If you really think this is happening, take the PC to a lawyer, they'll find a forensic examinator who can find out if there's any spyware/monitoring tools and the lawyers will prepare the case for you to take to court. WG __________________ I play with Google.

11-09-2008, 10:56 PM	#24
Adultnet Confirmed User Join Date: Sep 2003 Posts: 8,713	well its fucked up __________________ TrafficCashGold Paying Webmasters Since 1996! Awesome Conversions! Fast Weekly Payments! Over 125 Tours!

11-10-2008, 12:58 AM	#25
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,855	How is talking to you via IM spying ? If you responded to this person, then whatever you said is not confidential. In some states your business email account is not private. When it comes to privacy most courts are not inclined to give people a lot of privacy in regards to their electronic devices in the work setting. __________________ Michael www.AdultBizLaw.com

11-10-2008, 01:01 AM	#26
kesha1 Confirmed User Join Date: Feb 2008 Location: L.A. Posts: 499	Employer can spy on an employee, but within specific limits. __________________ SEX IN PUBLIC JOIN US TODAY

01-27-2009, 12:06 AM	#28
Scat in the Hat Confirmed User Join Date: May 2004 Posts: 222	I really don't have any concrete proof but want to take these mofos to court. I need to get some people hooked up to a lie detecter test. __________________

01-27-2009, 01:00 AM	#29
DaddyHalbucks A freakin' legend! Industry Role: Join Date: Feb 2004 Location: Las Vegas, Nevada USA Posts: 18,975	Talking to someone is "spying?" __________________ Boner Money

01-27-2009, 01:24 AM	#30
$5 submissions I help you SUCCEED Industry Role: Join Date: Nov 2003 Location: The Pearl of the Orient Seas Posts: 32,195	How is the "target" acting? Is there a reasonable expectation of privacy? Are there non-public data involved? Did you sign a noncompete with your ex-employee? __________________ Need a NON-ADULT income stream? We build your YOUTUBE CHANNEL for only $20 per video! For Hire: $3/hour or $400 per month Marketing Specialist Virtual Assistants

01-27-2009, 01:30 AM	#31
Deej I make pixels work Industry Role: Join Date: Jun 2005 Location: I live here... Posts: 24,386	depends on what was signed prior to being hired __________________ Deej's Designs n' What Not Hit me up for Design, CSS & Photo Retouching Icq#30096880

01-27-2009, 04:59 AM	#33
Oracle Porn Affiliate Industry Role: Join Date: Oct 2002 Location: Icq: 94-399-723 Posts: 24,433	you sure its not the drugs man? __________________

01-27-2009, 07:42 AM	#34
Vicious_B Confirmed User Join Date: May 2008 Posts: 2,564	This whole situation doesn't seem to make much sense. __________________ ICQ# 419 775 271

01-28-2009, 05:52 PM	#35
Scat in the Hat Confirmed User Join Date: May 2004 Posts: 222	i don't do drugs oracle... it was a really messed up situation __________________