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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36964
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Between Nov 15/30 there was a break in at our office.We were

Customer Question

Between Nov 15/30 there was a break in at our office.We were told a large sum of money was taken.The bosses have now REQUESTED all our cell phone records,on those dates.These are all personal cell phones that do not belong to the company.This will also be a cost to each of us that they said they will consider reimbursement,when we go to each of our carriers to request a printout..There has been no police request,or any type of subpoena to request this.I am taking into consideration they are from another country and maybe this is common practice,but I feel this is a violation of my privacy.I had forwarded the email to them from my phone carrier outlining the procedure,and a subpoena would have to be served,or I the cell client can go get it,pay for it,and maybe be reimbursed.The cost is secondary.It's the request that is my concern of my rights as an American Citizen
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

What state did this event take place in?
Customer: replied 4 years ago.
Las Vegas,NV
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

You are correct that you can deny your employer such a request, as that is a violation of your privacy rights. If robbed, you can also personally contact the police department and have them perform an investigation, but providing your employer with your phone records without a subpoena is something beyond the scope of their requests. Just be aware that they may consider termination, and in that case you can file a grievance with the EEOC for retaliation and wrongful termination.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 3:19 AM EST
Customer: replied 4 years ago.

Nv is a "fire at will" state without reason or cause. I find it peculiar that we never saw the police,nor did the police ever come to question us.It was one partner telling the other partner we were robbed..

Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

NV is indeed an "at will" state, but if you are terminated here, it will not take away your ability to file for unemployment (as you were not terminated for cause). I realize that is a small commiseration at best, XXXXX XXXXX is something that you also have to keep in mind in terms of your rights in this matter.

I cannot speculate on why the company chose to not contact the police (it is possible that they did not wish to have their insurance rates go up), but that still does not detract from the fact that you do not have to formally cooperate with your company when it pertains to your private cell phone bills.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 3:46 AM EST
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36964
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

What is peculiar is -they mostly deal in cash- they had no insurance,and continue to take in payments the same way.It is a property management company and they take rents in cash.Because of my rights feeling trampled upon I am resolved to be let go if it come to that.Thank you for your answer in this matter

 

Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

Yes, that is very peculiar. It almost sounds as if they are either suspecting an inside job, or are trying to create evidence that points to an employee. I would definitely suggest you try to get as much as possible in writing, so that you are properly covered in case of any possible difficulties with the employer in the long run.

Good luck!

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 5:24 AM EST

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