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After retaliation for FMLA filing, company holding my

Customer Question
personal effects to get my...
After retaliation for FMLA filing, company holding my personal effects to get my company cell phone passcode. I don't want them reading my texts. What to do?
JA: Have you documented this or discussed it with HR?
Customer: This must be automated. I was fired.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I protect my private information? They could use dirty texts against me?
Submitted: 3 months ago.Category: Employment Law
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Answered in 4 minutes by:
8/11/2017
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 58,108
Experience: Licensed attorney helping employers and employees.
Verified
Greetings! I am a legal expert on the site and am working on your question.On review of your facts, you have a good case.
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Would commence with a lawyer letter. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please let me know if that is acceptable and feel free to reply back and follow up
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Customer reply replied 3 months ago
I am not curious how to find a lawyer. I don't need help with that. I am asking if I have any legal protection of personal text or other information on a company cell phone? They gave me a deadline to provide it of yesterday. I asked if they can assure me they will not go into my personal things on the phone and no response.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Company is entitled to work related information only, not personal matters unrelated to work.Awaiting your reply, thank you. if you have a follow up, just ask me!
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Customer reply replied 3 months ago
Its a company phone. I made and FMLA claim. They fired me because they found photos on the company laptop. What protection do I have with regards ***** ***** company phone? How do I tell them or proceed to get my personal effects which they are holding?
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
They are entitled to the phone. You can remove personal items on it. You are entitled to immediate return of personal items they are holding and if needed a lawyer can demand it.
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Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please let me know if that is acceptable and feel free to reply back and follow up
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Customer reply replied 3 months ago
They will not allow me to remove anything from the phone. What law allows that? They will not return my personal items until I give them the pass-code. They refused to let me type in the code and remove items of wipe the phone.
Customer reply replied 3 months ago
I have to leave for an appointment. So far I still don't know what to do with their deadline. I am already in the process of screening lawyers here in Denver. None are prepared to know the intricacies of cell phones and this situation thus far.
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Again, private information is not work related and as such not within their right to access. The lawyer you hire should immediately raise this point as there is no work related reason for giving them such access. Awaiting your reply, thank you. if you have a follow up, just ask me!
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