Login|Contact Us
Question and Answer

Republic of Ireland Law

Ask a Republic of Ireland Law Question, Get an Answer ASAP!

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

Problem with former employer

 
Buachaill's Avatar
  • Answered by:Buachaill
  • Lawyer
  • Positive Feedback: 97.6 %
  • Accepted Answers: 2779
Verified Expert
in Republic of Ireland Law

Recent Feedback

Positive
Thank you a great service to have and quick answers
Positive
Ver helpful and clear advice.
Positive
great response - confirmed by revenue commissioners
Positive
That is good I was planning on focusing on the white collar element as it is...
Positive
Clear, concise, prompt and most importantly: responsive.
Positive
good service and quick response.
Positive
Heknows the system very well and gets to the point real quick
Positive
I have confidence in the response
Positive
Fast and to the point!
Positive
Fast answer, to the point and clear. Thank you

Customer Question

Hi,I am involved in an employment dispute with my former employer and have been accessing the office email account from home to see if they are dealing with the matter as it has been going on for months. They have found out and are threatening me with legal action. How much trouble am I in? I haven't copied or stolen anything from the account. They haven't given me a p45,a p60 or payslips.

 



Already Tried:
I have contacted a friend of mine who is a solicitor and he has said they will use this as a bargaining chip and have contacted my union

Submitted: 380 days and 14 hours ago.
Category: Republic of Ireland Law
Value: 25 €
Status: CLOSED

Accepted Answer

Picture
Expert:  Buachaill replied 380 days and 9 hours ago.


Buachaill :

1. It is a criminal offence to interfere with or to intercept another person's electronic communication. Accordingly, you have to be aware that you have by your actions left yourself open to a complaint being made to the Gardai. Given the circumstances, it is unlikely to be a serious matter, but if it were prosecuted, then you can expect a large fine and a dressing down by the judge. Additionally, you have also committed a tort or civil wrong for which you can be sued for damages. Again damages will not be large as your employer will not be able to show great damage. Thirdly, when you are taking your employment dispute, an allegation which is proved that you accessed the office email account unlawfully will create a very bad impression with the result that you are unlikely to get anything to which you are not clearly entitled. The matter cannot impact upon the issue of whether you are entitled to your employment rights, but it will create an impression that you are a loose cannon and not to be trusted.

Buachaill :

2. SEcondly, if you haven't been issued with a P45 or P60, or payslips, you should get your solicitor to formally write to the employer and request them. Alternatively, if you do not have a solicitor, you should get your Union rep to formally write on your behalf and request them. Be aware that you can take the case before a Rights commissioner if the employer does not comply with the law and forward these documents to you, as in employment law, you have a right to them.

Buachaill :

Please ACCEPT the Answer. I will remain available to answer any further queries you may have.

Expert TypeLawyer
Category: Republic of Ireland Law
Pos. Feedback: 97.6 %
Accepts: 2779
Answered: 3/29/2012

Experience: Barrister 17 years experience

Ask this Expert a Question >
Customer replied 380 days and 9 hours ago.

Thank you for your advice. Realistically am I looking at jail time for this?

Picture
Expert:  Buachaill replied 380 days and 2 hours ago.

Please see answer to other question

 
Tweet

2 Solicitors are Online Right Now

Ask Your Question Now
Ask A Solicitor
Type Your Republic of Ireland Law Question Here...
characters left:

Top Republic of Ireland Law Experts

See More Solicitors

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
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 a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
215 Solicitors are Online Now
Type Your Republic of Ireland 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