I am in the middle of a sex discrimination,age discrimination,violation of my civil rights,lawsuit it goes to federal court in October of 2012.my question is my previous boss,which is the reason all this is taking place was seen copying all of the records in my personal file at the courthouse where I worked and took them home is this legal ? I have no idea what he plans to do with it. I am very upset that he has personal files that have my social security number and information about me, isn't he violating some law by removing property from the courthouse?
State/Country relating to question: West Virginia
I have a lawsuit against this courthouse now that goes to federal court in October for trial I was with the EEOC for 1 1/2 years before they gave me the
Letter of determination,and then the letter for right to sue
Hello and welcome,Your previous expert has opted out. I would be happy to assist you, but would like a little more information before I try to answer your question.Is the boss that was seen copying your personnel file still an employee where you used to work?Had he obtained the personnel file through the discovery process in the pending case, such as by subpoena or request for production of documents?Tina41096.1228764236
Yes he is still an employee but is on the verge of being fired because he has now done the same things to another female employee,he (my former boss) took my personnel file and copied everything in it and took it home.These records belong to the county
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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At least I believe that you understand what I am talking about,so to sum up this conversation first I can guarantee that he(my ex-boss) was NOT given authorization to copy,or remove these personal records from the courthouse.second I beleive that he may try to get some sort of revenge since he has been getting by with crooked deals and bad behavior for a long time and he is finally caught with this lawsuit against him
I see.I'm not sure whether you are seeking something specific by providing this information, so I will just address the issues this raises.Given that he did not have the authority to remove the employer's records, you should ensure the employer is made aware of this breach. The fact that this involves your personnel records could give rise to a cause of action against the former employer for invasion of privacy if you are damaged in any manner due to the release of records. This could be added to your claims against the employer in the pending suit by filing an amended complaint.
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