You are correct that the records belong to the employer. Being an employee and your former boss, he could have a legitimate reason for copying the records and even working at home, although the employer would still be liable normally if there were an unauthorized disclosure of your personal information, so they may not permit employees to take such records home.

It should be brought to the employer's attention that this has occurred since they will want to retrieve the copies of the documents if they did not authorize these actions by your former boss and take other action against him as may be appropriate under the circumstances.

In sum, it is not per se illegal for an employee to take records home if they have the authority to do so as provided by the employer since the only way for an employer to act is through employees. However, given that there is a case pending involving this individual, it is likely that he did not have authorization to copy your records or to remove them from the employer's premises and the employer should be alerted to this conduct.

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Tina

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