Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

After retaliation for FMLA filing, company holding my

Customer Question
After retaliation for FMLA...

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?

Lawyer's Assistant: Have you documented this or discussed it with HR?

This must be automated. I was fired.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can I protect my private information? They could use dirty texts against me?

Submitted: 6 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
8/11/2017
Employment Lawyer: Infolawyer, Lawyer replied 6 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,498
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.
Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 6 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!
Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 6 months ago
Please let me know if that is acceptable and feel free to reply back and follow up
Ask Your Own Employment Law Question
Customer reply replied 6 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 6 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!
Ask Your Own Employment Law Question
Customer reply replied 6 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 6 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.
Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 6 months ago
Please let me know if that is acceptable and feel free to reply back and follow up
Ask Your Own Employment Law Question
Customer reply replied 6 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 6 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 6 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!
Ask Your Own Employment Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8,184
8,184 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

59,498 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have cancer and am on FMLA. Suddenly and without
I have cancer and am on FMLA. Suddenly and without discussing the matter with me my employer is bringing on a consultant to shadow me. I feel intimidated and feel they are doing this in retaliation of… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
If you feel a tort was committed against you in retaliation,
If you feel a tort was committed against you in retaliation, what are the elements you must demonstrate to obtain such a claim?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,564 satisfied customers
If while on FMLA leave due to an auto accident, can a
If while on FMLA leave due to an auto accident, can a supervisor state to another supervisor that they do not believe that the employee is hurt because they looked at their automobile? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If my employer who fired me in retaliation is still under
If my employer who fired me in retaliation is still under federal investigation and was already raided has fired me can I file a lawsuit against them … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can you please define "covered employers" for FMLA? we have
Can you please define "covered employers" for FMLA? we have more part time than full time Is the 50 employees head count? or hours … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,453 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have submitted two fmla filled out by 2sets of doctors one
I have submitted two fmla filled out by 2sets of doctors one my cancer specialist and one my GP. My head of HR set the "condition does not merit an Intermittent FMLA althought both set of doctors requ… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,196 satisfied customers
I feel I was terminated from my job due to retaliation from
Hello, my name is ***** ***** I feel I was terminated from my job due to retaliation from bringing forth my job concerns to the HR department. I was following the hospitals chain of command by speakin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am being retaliated against with a company for turning
I am being retaliated against with a company for turning their recruiter in for sexual harassment and they withdrew their offer even though I have fulfilled my end of the offer. What can be done? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,661 satisfied customers
Within the 300 days there is a LIST of RETALIATIONS, letters
within the 300 days there is a LIST of RETALIATIONS, letters that show the bogus HR process... I have all this in order BY DATE.... should I include all that info in the COMPLAINT or let the TAMU moro… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
If there were many items of retaliation within the 300 days
If there were many items of retaliation within the 300 days - do I list everything by DATE of occurrence or ...? I guess, give Me an idea of exactly what the LAW views as "retaliation"?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
31,311 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
59,498 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,764 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,196 satisfied customers
After retaliation for FMLA filing, company holding 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? … read more
Infolawyer
Infolawyer
Lawyer
59,498 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x