Login|Contact Us
Question and Answer

Employment Law

Ask an Employment Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I was a manager at a credit union and an employee accessed

 
ScottyMacEsq's Avatar
  • Answered by:ScottyMacEsq
  • Lawyer
  • Positive Feedback: 99.4 %
  • Accepted Answers: 1155
Verified Expert
in Employment Law

Recent Feedback

Positive
Quick and clear answers. Thank you!
Positive
Scotty Was very quick and to the point with my question along with my followup...
Positive
Scotty was very helpful & made me feel comfortable with answering all my...
Positive
Thank you, this was very helpful. I may seek a little more clarification in the...
Positive
Type your review here...
Positive
Very helpful input - many thanks.
Positive
Very detailed, very helpful
Positive
Definitely took time to understand my question and offered "usable" information!...
Positive
Thank You

Customer Question

I was a manager at a credit union and an employee accessed my personal account. I don't know what was done with the information obtained, but the employee is still employed by the credit union. Is there any legal recourse?

Submitted: 278 days and 9 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED

Accepted Answer

Picture
Expert:  ScottyMacEsq replied 278 days and 9 hours ago.


ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer :

Thank you

ScottyMacEsq :

If it was truly a wrongful access, there might be criminal liability for the employee. But as for the employer, there's not currently any legal recourse because there is not yet a "ripe" case. For civil cases, there has to be ripeness in a case to bring a lawsuit against a "tortfeasor" (wrongful actor). For a company to have liability, there has to be either action done in the course and scope of employment of the employee, OR "ratification" of those actions. Keeping this individual on would be ratification, but another necessary element is damages. As crazy as it sounds, you have to have actual damages relating to the actions of another before you can go to court to sue. So if this person used your information and you were harmed in a quantifiable manner (you lost money, your credit was ruined, etc...) then you could go after both this individual and the company in civil court. But you would need to have those specific, provable damages first. At this point, if you don't know what was done with the information, you can't yet prove that, and therefore would not have any legal recourse (at least yet).

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

Customer :

Does the company have the responsibility to ensure that its' members accounts are only accessed if there is a business need?

ScottyMacEsq :

Yes, but again, this is really only enforceable if there is damage. Most of the time, companies take a pretty hard line to show that there is no ratification of the employee's actions, and to avoid civil liability. But there's not "injunctive" rights (where you can get a court to tell them to do something or not to do something) in such a situation, but rather only remedial (compensating for damages already incurred).

Customer :

Understood. Thank you for answering my question!

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 99.4 %
Accepts: 1155
Answered: 7/6/2012

Experience: Licensed Texas General Practice Attorney

Ask this Expert a Question >
 
Tweet

2 Employment Lawyers are Online Right Now

Ask Your Question Now
Ask an Employment Lawyer
Type Your Employment Law Question Here...
characters left:

Top Employment Law Experts

See More Employment Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Employment Law

  • Employment Reference Check Laws
  • Paid Time Off Questions
  • On call Pay Questions
  • Medical Reimbursement Rules
  • Tuition Reimbursement
  • Reimbursement of Expenses
  • Job Transfer Laws
  • Workplace Retaliation Law
  • Telecommuting Laws
  • Voluntary Termination of Employment
All Employment Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Employment Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
86 Employment Lawyers are Online Now
Type Your Employment Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC