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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6686
Experience:  Significant experience in all areas of employment law.
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Is one of my privacy rights the expectation that a sealed window

Resolved Question:

Is one of my privacy rights the expectation that a sealed window envelope with my name and address clearly shown; containing my bi-weekly pay info and placed on my desk for me only is not to be tampered with in any form by a third party?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

Can you please tell me who has tampered with your paycheck and how exactly they tampered with it?

I very much look forward to assisting you regarding this matter.
Customer: replied 1 year ago.
First I was recently the CFO of a company and the person that opened the sealed document was one of my subordinates. She didn't confess it right away, but held back she says because she was directed to do so by the CEO. Sounds bizzare, but I know it to be almost certain. Todate and even though I asked, no one has confessed other than the young subordinate and she did so with my promise no to expose her confession.
Expert:  Patrick, Esq. replied 1 year ago.
Joe,

Thank you very much for your reply. I can certainly understand why you are upset that your payroll documents were tampered with.

Regretfully, however, there is no law that would create a privacy interest in the confidentiality of such documents and no legal cause of action would typically arise from the circumstances you have described. This would hold particularly true if the employee who tampered with these documents did so at the direction of your superior, as an employee can never have a right of privacy with regard to payroll documents from the employee's own employer.

An individual in your circumstance can probably get to the bottom of this by simply inquiring with your supervisor who supposedly granted this employee authority to tamper with your letter. If he denies directing the employee to tamper with your payroll documents, then either you or her (depending on how firing authority is structured within your company) would have good cause to terminate this employee. If he admits to directing this employee to tamper with your letter or does not outright deny it, authority to tamper with the letter likely came from him, in which case no conceivably privacy right has been violated.

Thus, either the employee who tampered with your letter did so on his or her own, in which case that would constitute a terminable offense, or the employee did so at the direction of your superior, in which case no conceivable privacy right would be violated. In either instance though, privacy rights are not typically implicated with regard to payroll documents.

I realize that you were likely hoping for a different answer here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6686
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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