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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I pulled a stupid stunt at work by taking over an ex-employees

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I pulled a stupid stunt at work by taking over an ex-employees frequent flier account and then created a fake email address in their name so they couldn't claim their rewards because the email address on file had changed. The ex-emp caught on and reclaimed the account, without any points or value lost, but now I'm hearing that what I did is considered identity theft!? Can I be prosecuted or even fired since I did it all from my work computer?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

If you did not gain anything of value, it would not be criminal identity theft,

wallstreetfighter :

however if at anytime, you claimed that you were the ex employee and used the ex employees social security number or other private information to gain any financial gain, you could face criminal charges, however that does not seem to be the case. \

wallstreetfighter :

In terms of a termination, that is up to the current employer,

wallstreetfighter :

if you can justify your actions or admit to the actions, the employer may not terminate you, however in a case such as this, you should expect some negative action

Customer: Thank you for the quick reply. Indeed I owned up to what I did and the reason for doing it so I will need to accept the work consequences as they come. I was more concerned that I put my company and myself at legal risk once the term 'identity theft' was thrown into the discussion by my employer. To your point however, I truly did not claim any personal gain out of the stunt so I am slightly relieved am by your answer. Should i consult a local attorney in MI or wait to see what shakes out? Thank you.
wallstreetfighter :

I would wait to meet with an attorney, if you did not gain anything, and did not use the ex employees miles or social security number for any personal gain criminal action would not be likely,

Customer: Lesson learned, thank you.
wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

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