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One of my employers got my personal phone and retrieve data…

Customer Question
One of my employers...

One of my employers got my personal phone and retrieve data from it. Actually thought my phone was stolen. Then after 4days my phone mysterially appeared in my inbox. A day or two later I found out that the passwords in my phone had been deleted.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

This is harassment. I had problems with how they were doing an evaluation on me as well out of retaliation for telling the truth. Now this. Do I have a legal complaint?

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

Can you explain "at will", non-union, and yes full time.

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

Yes, so after I reported the incident to my Supervisor two days later I get an evaluation (which I have yet to get a copy of) with good marks and a $2 pay raise. This happen able 3-4 weeks ago. Thought things would get better, but there not.

Submitted: 4 months ago.Category: Employment Law
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Answered in 4 minutes by:
12/11/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,882
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Yes, what you are describing is a violation of federal wiretapping laws and in fact is actually something that can be prosecuted as a crime. The question, I think is whether you stand to benefit in any real way from your employer being criminally prosecuted. It seems you have received a raise and a good review and that your employment is stable. While I certainly don't condone what your employer did, you have to conduct a cost benefit analysis to determine what response to this conduct is in your best interest. If it were me, I would let sleeping dogs lie, update my phone password, and not let my phone out of sight in the future. I would also consider looking for alternative employment with an employer who had more respect for my privacy.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 4 months ago
Can you call me on this? I have already paid $59.00
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

I do not handle phone calls, though other attorneys on this website do. Phone calls cost extra, as what you paid was for a written exchange. I am happy to answer any related followup questions you may have here, though, if you do not want to pay more for a phone call...

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Customer reply replied 4 months ago
when I ask if there was any additional cost after I paid the $59 and I asked if I could schedule an appointment for tomorrow. That was a lie to get me to make the payment?
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

I am just an attorney who answers questions here. I have no control over billing and no idea what was told to you before. What I do know is that the system is fairly clear that you are paying for a written answer. That is what I have provided, and I am more than happy to continue to work with you until you are completely satisfied that I have answered your question.

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Customer reply replied 4 months ago
Your website also indicates I have and unclaimed offer! Phone call. But I am not able to access as link is not working all of sudden.
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

The system is telling me that there was a payment failure on your end, so that may have something to do with it. I will put you in touch with customer service, who will be able to sort out these issues for you.

I apologize for any inconvenience.

Patrick

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Customer reply replied 4 months ago
I was not able to schedule an appointment for tomorrow to ask my questions?
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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).

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