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...

LOL.

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

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?

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...

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.

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.

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

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.

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.

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.

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?

Arw you also known as pussyserver?

actually no

that would be my guess.... :2 cents:

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

Maybe he is trying to get free porn passwords lol

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.

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.

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 was thinking bi-polar for some reason.

well its fucked up :)

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.

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

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.

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.

Talking to someone is "spying?"

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?

depends on what was signed prior to being hired

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

you sure its not the drugs man?

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

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