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I need to know if my phone records can be obtained by my j…

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I need to know if...
I need to know if my phone records can be obtained by my job
Submitted: 3 years ago.Category: Employment Law
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Answered in 18 minutes by:
6/19/2015
Employment Lawyer: Samuel II, Attorney at Law replied 3 years ago
Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27,012
Experience: More than 20 years of experience practicing law.
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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
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Customer reply replied 3 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.
Employment Lawyer: Samuel II, Attorney at Law replied 3 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
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Customer reply replied 3 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.
Employment Lawyer: Samuel II, Attorney at Law replied 3 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.
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Employment Lawyer: Samuel II, Attorney at Law replied 3 years ago
You had originally asked about phone records. It did not pertain to photos on a company phone. Thanks for the clarification.
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Customer reply replied 3 years ago
My phone is a personal phone. The guys phone was a company phone.
Employment Lawyer: Samuel II, Attorney at Law replied 3 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.
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Customer reply replied 3 years ago
Ok I violated company policy but not any laws? So no legal issues just I can get fired?
Employment Lawyer: Samuel II, Attorney at Law replied 3 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.
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Customer reply replied 3 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.
Employment Lawyer: Samuel II, Attorney at Law replied 3 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.
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