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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5049
Experience:  Extensive experience representing employees and management
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Does an employer have the right to check out FB, pages of your

Customer Question

Does an employer have the right to check out FB, pages of your kids? My daughter passed out at school, I left work to pick her up, and take her to the doctor, on Thurs 6/27, and took Friday off, as she had test ran. She had posted a pic on Thur, on her FB, that stated, best part of working in Half Moon bay, clam chowder on the warf. I was humiliated at work, called a liar, as my bosses daughter claimed to be a friend of my daughter, which is not true. The pic was a public post. I have documentation of all my daughters doctor, ER and blood work, for the last 3 weeks. I have worked for this company for 12 yrs, and was made to feel worthless, a liar, and I quit smoking 3 weeks ago, and have smoked 1/2 pack since 4 this afternoon. I'm stressed, and sick to my stomach over this. What can I do, if anything?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Unfortunately, there is nothing illegal about your employer looking at your daughter's facebook posts since they are set to public.

I find it very strange that your daughter would be 'friends' with your boss, and I definitely would suggest that she adjust her privacy settings and/or eliminated him as a friend, if he is one.

While it is extremely disturbing and odd that a boss would be looking at the facebook posts of an employee's kids, since it is public information there is nothing illegal about him checking it out. However, legally, there really is nothing that you can do in this situation.

It seems that your boss' treatment of you is also extremely unethical, inhumane, and unprofessional, but also doesn't violate any laws.


I realize this is not the news you wanted to hear, and I sincerely XXXXX XXXXX had better news to give you but I hope you appreciate a direct and honest answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Since my goal is to provide you with the best service today, please don’t hesitate to ask me any follow up questions you may have.

If you don’t have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 5049
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Do you feel I have grounds for a harsement case? Oh it wasn't my boss, it was my boss's daughter who lied in the meeting and said she was friends with my daughter on FB. My daughter's FB is private, only shared pic are public.


The last 3 yrs, my mother past away, which I took pfl, for 6 weeks. Shortly after this I injured my knee first at work, then several weeks later, took a bad fall and tore my MCL and ACL, which required 2 different surgeries, again time off work. Then this time last yr my husband had heart surgery. The last 3 yrs have been a nightmare. In all of these case, I provided proper medical documentation, to my employer. I even told them, if they need to replace me I understood, there response was come back when your ready, and I was welcomed. I don't know why yesterday, I was ridiculed, called a lair, and made to feel worthless. I was told my co-workers think I'm a lair. I was so upset today, I left work in tears. My HR mgr is looking into this, as I have filed a formal compliant. Where do I go from here, if anywhere?

Expert:  Joseph replied 1 year ago.
Hello Phyllis,

Thanks for the positive rating of my service! Much appreciated!

Unfortunately, harassment cases normally need to be based on discrimination due to a protected characteristic (such as race, gender, national origin, ethnicity, etc.). Absent any discriminatory intent, your options are illegal.

This is because, contrary to popular belief, unfortunately, there is no legal code of civility in the workplace, so a boss can treat employees in a completely inhumane and unethical way, as long as it's not due to discrimination based on a protected characteristic. (Personally, I believe that our country was way too few protections for employees, including the lack in this area).

The only cause of action that you would possibly have against your boss is negligent and/or intentional infliction of emotional distress, but those are very difficult cases to prove, requiring you to prove that your boss' conduct was extremely outrageous and that he should have known or knew that it would cause you severe emotional distress.

(This normally also necessitates proof of damage, like psychiatrist or doctor's bills).

Additionally, it is very hard to get attorneys interested in such cases due to the difficulty in obtaining sizable recoveries. However, if you do need time off due to this treatment, you may qualify for workers' compensation (for stress leave, etc.) and should definitely apply for it.

Customer: replied 1 year ago.

Stress level, does sitting there physically shaking cause I was so upset, crying in the meeting I had with my HR mgr, and a co worker who I trust as a witness, count? I had to leave work as I was so upset. Right now don't know if I will be fired or not. I have started smoking again, after not smoking for 3 1/2 weeks. I do feel my boss has caused me more stress, then I can handle right now, and I do not need this added pressure, while my daughter is in the hospital. I'm maxed out, on the stress level. Where do I go from here? Do you have a workers comp attorney?


and or can you suggestion one. Should I contact the EDD?

Expert:  Joseph replied 1 year ago.
Hello Phyllis,

Do you believe that you need to be off work due to the stress level?

Also, can you tell me if your employer has 50 or more employees?

Unfortunately, I cannot make any suggestions for workers' compensation attorneys due to the rules of the site and California Bar rules, but I can provide you with a few sites to look at:

www.lawyers.com

www.martinadle.com

www.avvo.com

If you are planning on applying for disability benefits then you should apply for disability benefits, which you can do online. (But you definitely a doctor's verification that you need to be off work due to stress. Anecdotal evidence is good, but is not sufficient to prove that you are unable to work due to stress). So if you are considering applying for workers' compensation or disability, I definitely suggest you see a doctor soon to verify your status.

You can apply for disability benefits online here. (It is virtually impossible to 'contact EDD,' as they are very understaffed and the majority of their system is automated).

http://www.edd.ca.gov/disability/disability_insurance.htm

Expert:  Joseph replied 1 year ago.
Hello Phyllis,

Thank you for your positive rating of my service!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

When you receive your Customer Satisfaction Survey from JustAnswer, please rate me highly (9-10)! High customer satisfaction scores ensure that I will continue to provide you and other customers with excellent service and they are greatly appreciated!

Thanks again and best of luck!

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