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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My daughter had just been let go from a job. The business is

Customer Question

My daughter had just been let go from a job. The business is owed by a policeman. He called her last evening from the police station. She had a DUI some years back. Work did not ask for a criminal record.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this. How long did she work for the employer for?

How much termination pay has she been provided in terms of weeks or months?

Customer: replied 1 year ago.
She had only worked two dates. We are not concerned with money but this officers breach of privacy. He should not have access to this information for his personal gain.
Expert:  Debra replied 1 year ago.

So you are saying that she did not sign a consent form but he went ahead and did a criminal record check?

Customer: replied 1 year ago.
She was not asked for a criminal check. This Dui was about 5 years ago. She also has a breach from 2014 for not appearimg at thr time she was living on the streets. Now she has straightened out has a little apartment and welfare has been helping her to find work. She has two degrees. She is losing hope daily and now cannot find work for minimum wage. This officer has not even given her a chance. Surely he was spying into records tjat had nothing to do this his job as a police officer.
Customer: replied 1 year ago.
Before retirement I was an RN. Poking into med records was cause for serious discipline. I am hoping this goes for police who are casually scrolling through private issues.
Expert:  Debra replied 1 year ago.

I'm so sorry to hear that.

This police officer acted unlawfully. He had no right whatsoever to look through criminal records of someone without their consent for his own personal use. He could do that for police duties only.

Your daughter can file a complaint against him and he will be disciplined.

The next time that your daughter is offered a job and is asked to sign a police record check it may be prudent of her to tell the employer ahead of time so that there are no surprises.

The fact that she has turned her life around is admirable and many will find it that way so she should not lose hope so fast. She had just run into a bit of terrible luck by getting a job where employer whom is clearly not someone that she would llike to work with long-term anyway because he is unfair and does not comply with the law. He thinks he's above the law. So essentially in this case she's better off without him.

Customer: replied 1 year ago.
Thanks for your answer, in fact most positions do ask for this information and as a result she gets turned down for jobs. In fact one of her contracts for work was rescinded when the police finally sent out her criminal record, several weeks later than they told her. I would like to bring this police abuse of citizens in this region. I am by no means a cop hater anymore than I am a doctor hater, but this action is really unprofessional. Is there any chance for a civil suit?
Is there any way my daughter can apply for work without an old DUI following her around? At this point she has been with a vehicle for a couple of years.
Expert:  Debra replied 1 year ago.

She cannot sue if she has not suffered damages.

It is hard to prove that she suffered damages if she was dismissed after two days when this record was discovered.

The reason why is that it is the conviction that is causing her not to be able to keep this job or to get another job. It's not really that this police officer is doing something wrong.

The police officer is doing something wrong if he sends off this information to others and he's doing something wrong if he's lying about her to others and those would be grounds for a lawsuit. Otherwise this is more grounds for a complaint.

When she's eligible to have a record suspension then her record will not show the conviction.

Customer: replied 1 year ago.
I understand that she cannot ask for a pardon for another 6 years, after she did not attend court just one year ago.In addition I understand that his wife may own the business, rather than this officer. In addition he called my daughter from the police station twice leaving her messages with his official police telephone number. There are saved messages on her cell phone, in addition to the her telephone logs.She called into the police station, as the message requested, in order to return his call.
As a hospital employee, I have seen another employee fired for using official hospital letterhead for his own purposes. I cringe to think of what other unprofessional actions this officer has taken while on the taxpayer's dollar. I cannot understand why this is not a breach of the privacy act as I understand it.
Expert:  Debra replied 1 year ago.

It is a breach of the Act as well but and you can file a complaint but that won't get your daughter damages.

I suggest she complains against him with the police and the privacy commissioner.

Customer: replied 1 year ago.
Thanks are your reply.
Expert:  Debra replied 1 year ago.

You are very welcome.

I hope things work out for your daughter. She just needs a good person to decide to take a chance, hire her and then they will see that she is worth it and then so will she.

My heart goes out to you.

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