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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111467
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can my employer discipline me my personal ATM card at a

Customer Question

Can my employer discipline me for using my personal ATM card at a questionable establishment? My employer is also my personal bank. Can they find out where I used the ATM card? Is there a privacy law that protects me so I can use my ATM at a strip club without worrying about moral judgment from my boss? Thanks.
Submitted: 4 months ago.
Category: California Employment Law
Expert:  ScottyMacEsq replied 4 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what state this is in?

Customer: replied 4 months ago.
California. I work for a bank. The same bank that I have my personal account and ATM card.
Expert:  ScottyMacEsq replied 4 months ago.

I see. This is actually a California employment law question, which has its own category. I'm going to opt out of this question and allow someone who is an expert in that category to answer it.

Customer: replied 4 months ago.
Ok. I'm hoping that I have a right to privacy regarding the location of my ATM transactions. Even from the bank which issues the ATM card. Or at least some protection that I won't lose my job over a moral issue. Thanks, ***** ***** forward to the response.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The employer cannot discipline an employee for using their bank account at any establishment, questionable or not, on the employee's own time. Such action against an employee would not be for good cause. Now, if the employee is an at will employee, the employer needs no reason to terminate an employee, but if they terminate you for this nonsense reason, then it would be without good cause and as such you would have grounds to collect unemployment.

If your employer is your bank and has access to your account records, it would also be an invasion of privacy to use those account records for employment purposes and grounds for you to sue them for invasion of privacy.

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