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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1824
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My girlfriend Helen, works in an office. When she has meetings

Customer Question

My girlfriend Helen, works in an office. When she has meetings OUTSIDE of the office, someone in the office writes in on Helen's time card that Helen was off for the day. Helen believes that the person who is filling out her time card in error, is a coworker who has given her problems in the past.

Of course, Helen catches the error before she signs and submits her time sheet at the end of the week. The person she believes is the culprit is not a supervisor, in fact does not work for the same group as Helen. Would it be legal for Helen to secretly video the open area where all time cards are kept to see who is altering her time card? Is what the culprit doing illegal? It is definitely driving my friend crazy,,,

Thank you
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat


 

Customer:

yes

Employment-LawExpert :

Unfortunately, California is a two party consent state. This means that Helen would actually be violating California wiretapping laws if she was to secretly videotape the open area.

Customer:

Thats what I thought.

Employment-LawExpert :

The only way that she would be okay doing this is if a reasonable person were to know that it was more likely than not that they were being taped.

Customer:

OK

Employment-LawExpert :

As for what the person is doing, it would actually be considered to be identity fraud under the law.

Employment-LawExpert :

This person is trying to pass themselves off as Helen.

Customer:

Is there a penal code that covers that?

Employment-LawExpert :

Penal Code section 530.5 et. seq.

Customer:

misdemeanor i suppose,,,

Employment-LawExpert :

It is actually based on the facts

Employment-LawExpert :

It is usually a felony

Employment-LawExpert :

though it can just be a fine

Customer:

yeah, this is pretty minor, but the culprit has been a problem in the past, she likes to pick on my friend, and the big boss likes the culprit and protects her, so even her supervisor would not want to make waves.

Employment-LawExpert :

That does make things slightly more difficult. The easiest fix to this would be to present the information to HR and let them deal with it as they would be allowed to tape the employees if there were any provisions in an employee handbook giving them the right to do so.

Customer:

Yes, and as soon as an investigation was started, the culprit is smart enough to NOT pull that stunt again.

Customer:

But the management might take it a little more serious if she called a law enforcement officer to take a report! Especially since this takes place at the Sheriff's Department. Thank you for your answers, and if you have nothing further I will say good-bye,,,

Employment-LawExpert :

That pretty much covers everything. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

Have a wonderful rest of your day.

Customer:

I will, you have a great day too.

Brandon, Esq., Lawyer
Satisfied Customers: 1824
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I looked up 530.5 PC, identity theft, it only seems to pertain if the person obtains/uses personal identifying information.

Expert:  Brandon, Esq. replied 1 year ago.
Identity theft occurs when someone uses another's personally identifying information, like their name, to commit fraud, which is exactly what this person is doing. Et Seq. means all of the laws that follow. To get a proper understanding of this crime, you need to look at all of the laws that follow in conjunction with all of the ones above. They are intentionally putting themselves in her position in order to create harm, which is specifically against the law. In addition, your girlfriend may be able to bring a civil claim for Intentional Interference with Prospective Economic Advantage. Finally, if a computer is involved, there would be an additional claim for computer fraud. However, the main concern here is not necessarily punishing this person (as there are no real damages since Helen caught the problem and she has not been fired, nor has any adverse employment action occured against her) but rather that this behavior stops immediately.
Customer: replied 1 year ago.

OK, thanks again!

Expert:  Brandon, Esq. replied 1 year ago.
Not a problem. Have a great rest of your day.

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