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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I need to know if my phone records can be obtained by my j

Customer Question

I need to know if my phone records can be obtained by my job
Submitted: 2 years ago.
Category: Employment Law
Expert:  Samuel II replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard since the professional you requested is unavailable at this time
If there is a pending court case, your records can be subpoenaed. If there is not pending matter, then no. They have no right to seek your records.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.
​Thank you
Customer: replied 2 years ago.
It is concerning physical relationships with management. I understand I will be fired for it but does the company have a legal right to sue me.
Expert:  Samuel II replied 2 years ago.
HelloThank you. No. The company does not have a basis to sue you for that. Though, as you note, you can be fired for violating the company policy
Customer: replied 2 years ago.
I understand I can be fired. I can deal with that. When they took the phone records of a company phone belonging to someone I had been texting they acquired nude photos of me. What is the policy on the handling of those pictures? They have printed them all out and many managers and HR employees have seen them. That makes me uncomfortable to even go back into HR.
Expert:  Samuel II replied 2 years ago.
HelloThank you for the clarification. If you were using a company issued phone, then anything on the phone belongs to the company.I suggest anything on the phone that belongs to the company belongs to them. So it is not illegal for them to print them or distribute them.
Expert:  Samuel II replied 2 years ago.
You had originally asked about phone records. It did not pertain to photos on a company phone. Thanks for the clarification.
Customer: replied 2 years ago.
My phone is a personal phone. The guys phone was a company phone.
Expert:  Samuel II replied 2 years ago.
Thank you And if you agreed to send the photos to a person on a company phone, they now belong to the company. This is unfortunate. But it is the same with say emails on a company computer. The company is the keeper of the server and they can review any open emails that cross the server.
Customer: replied 2 years ago.
Ok I violated company policy but not any laws? So no legal issues just I can get fired?
Expert:  Samuel II replied 2 years ago.
If you are of legal age and the receiver is of legal age, then there are no laws broken. Just company policy. Correct.
Customer: replied 2 years ago.
Ok. So I am planning on resigning today. I admit I violated company policy. They are doing a investigation and already have plenty of evidence. After I resign do I have to talk to the employer if they want to interview me again or can I refuse because I am no longer employed by them.
Expert:  Samuel II replied 2 years ago.
HelloNo. You are under no obligation to talk to anyone about anything. At this point in time, you resign, get your last paycheck and move on.