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Question

I was working for a company that was paying me for destroying confidential files in addition to my regular paycheck. I was burning or sometimes shredding these files, this was my way of destroying. One day someone got a hold of some of these files and took them to the city landfill property and dumped them in one of their dumpsters there. The TV station was called out by a gentleman to come out there and check it out. The TV station people took the files out of the dumpster and they were allowed by the city landfill office. I then was put on administrative leave because I was the one destroying them in this town, but there was another one our employee's that was also destroying files in the town where her office was located at. This employee was not put on administrative leave, I guess because the files were not found in the town where she was at. I did not put these files in that dumpster. Isn't against the law to be digging in the dumpsters? The City allowed the TV station to.

Submitted: 89 days and 3 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: United States

Already Tried:
Nothing. I haven't had the money to do anything and I was told about this service. If nothing else to get an answer of possible chances of having a case.

Posted by HeatherEsq. 89 days and 3 hours ago.

Answer

It is not against the law to be digging in dumpsters.

Because dumpsters are usually located on private premises people may occasionally get in trouble for trespassing while dumpster diving, though the law is rarely enforced. The California v. Greenwood case in the U.S. Supreme Court held that there is no common law expectation of privacy for discarded materials. Dumpster diving per se is legal when not specifically prohibited by state or local law.

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DISCLAIMER
By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. This answer is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. Anything you write can be used in court if discovered by an opposing party.


Should you need to consult an attorney who is licensed to practice in your state about these matters you can find an attorney through:
http://www.abanet.org/legalservices/lris/directory/

87 days and 7 hours ago.

Reply

There is a city ordinance in this town about dumpster diving. So, what can I do?

Posted by HeatherEsq. 87 days and 6 hours ago.

Answer

Does the city ordinance say it is illegal to dumpster dive?

What was the reason they gave you for putting you on administrative leave?

87 days and 5 hours ago.

Reply

Yes, the city ordinance does say it is illegal to dumpster dive. I was told that the attorney general needed to see that they had taken some type of action for the files being dumped at the city landfill, that I was to remain on administrative leave until further notice, yet I was still being asked to do some work at home and also come in the office and do work there. They never have proved that I did it, yet I was the only one put on administrative leave and not the other lady that was also destroying files for our company.

86 days and 7 hours ago.

Reply

Was anyone going to answer my question I asked yesterday?

Accepted Answer

Hi there,

I am so sorry I was not able to get back to you sooner. I had to be somewhere where I had no access to my email and was not aware of that before I got there. My apologies for any inconvenience. I think in this situation I would recommend you contact an employment attorney in your area. I am not an employment law expert and would not want to give you the wrong information. Your situation is very specific and I want you to get the best information you can so that you can make an informed decision.

There is a link below so that you can access local attorneys. You could also post your question to the Labor & Employment Expert Category here and see if someone responds. Again, I am sorry that I was not able to be more helpful.

DISCLAIMER
By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. This answer is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. Anything you write can be used in court if discovered by an opposing party.


Should you need to consult an attorney who is licensed to practice in your state about these matters you can find an attorney through:
http://www.abanet.org/legalservices/lris/directory/

Expert: HeatherEsq.
Pos. Feedback: 100.0 %
Accepts: 
Answered: 8/28/2009

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NY/NJ Barred, Top Tier Global Law Firm, U.S. Securities & Exchange Commission, Law Review

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