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Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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Coworkers went through my phone without my consent and found

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Coworkers went through my phone without my consent and found recordings in my phone of conversations i have had and around me,can people sue me for that even though i only did it because i was receiving threats and harrasment from other coworkers....now everyone at work knows because of them
Customer: replied 9 days ago.
Everytime i recorded my phone was in my pocket....when my coworkers went through it, it wasn't recording. Even management knows they went through my phone without consent

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

You can sue them for invasion of your privacy.Anyone accessing your phone without your permission is liable to you for damages for such invasion under California law.

DEFENSES AND OBJECTIONS (a) When Presented. A defendant shall serve an answer within the following periods: (1) Within 20 days, exclusive of the day of service, after the service of the summons and complaint upon the defendant pursuant to rule 4; (2) Within 60 days from the date of the first publication of the summons if the summons is served by publication in accordance with rule 4(d)(3); (3) Within 60 days after the service of the summons upon the defendant if the summons is served upon the defendant personally out of the state in accordance with RCW 4.28.180 and 4.28.185 oron the Secretary of State as provided by RCW 46.64.040. (4) Within the period fixed by any other applicable statutes or rules. A party served with a pleading stating a cross claim against another party shall serve an answer thereto within 20 days after the service upon that other party. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer or, if a reply is ordered by the court, within 20 days after service of the order, unless theorder otherwise directs. The service of a motion permitted under this rule alters these periods of time asfollows, unless a different time is fixed by order of the court. (A) If the court denies the motion or postpones its disposition until the trial on the merits, the responsivepleading shall be served within 10 days after notice of the courts action. (B) If the court grants a motion for a more definite statement, the responsive pleading shall be servedwithin 10 days after the service of the more definite statement. (b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim,counterclaim, cross claim, or third party claim, shall be asserted in the responsive pleading thereto if oneis required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; (5) insufficiency of service of process; (6) failure to state a claim upon which relief can be granted; (7) failure to join a party under rule 19. A motion making any of these defenses shall be made beforepleading if a further pleading is permitted. No defense or objection is waived by being joined with one or moreother defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief towhich the adverse party is not required to serve a responsive pleading, the pleader may assert at the trial anydefense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismissfor failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading arepresented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed ofas provided in rule 56, and all parties shall be given reasonable opportunity to present all material madepertinent to such a motion by rule 56. (c) Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not todelay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings,matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as onefor summary judgment and disposed of as provided in rule 56, and all parties shall be given reasonable opportunityto present all material made pertinent to such a motion by rule 56. (d) Preliminary Hearings. The defenses specifically enumerated (1)-(7) in section (b) of this rule, whethermade in a pleading or by motion, and the motion for judgment mentioned in section (c) of this rule shallbe heard and determined before trial on application of any party, unless the court orders that the hearingand determination thereof be deferred until the trial. (e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is sovague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, or if more particularity in that pleading will further the efficient economical disposition of the action, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after the notice of the order or within such other time as the courtmay fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. (f) Motion To Strike. Upon motion made by a party before responding to a pleading or, if no responsiv epleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the courts own initiative at any time, the court may order stricken fromany pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. (g) Consolidation of Defenses in Motion. A party who makes a motion under this rule may join with it any other motions herein provided for and then available to the party. If a party makes a motion under thisrule but omits therefrom any defense or objection then available to the party which this rule permits tobe raised by motion, the party shall not thereafter make a motion based on the defense or objection soomitted, except a motion as provided in subsection (h)(2) hereof on any of the grounds there stated. (h) Waiver or Preservation of Certain Defenses. (1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, orinsufficiency of service of process is waived; (A) if omitted from a motion in the circumstances described in section (g); or (B) if it is neither made by motion under this rule nor included in a responsive pleading or an amendmentthereof permitted by rule 15(a) to be made as a matter of course. (2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to joina party indispensable under rule 19, and an objection of failure to state a legal defense to a claimmay be made in any pleading permitted or ordered under rule 7(a), or by motion for judgment onthe pleadings, or at the trial on the merits. (3) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction ofthe subject matter, the court shall dismiss the action. (i) Nonparty at Fault. Whenever a defendant or a third party defendant intends to claim for purposes ofRCW 4.22.070(1) that a nonparty is at fault, such claim is an affirmative defense which shall be affirmatively pleaded by the party making the claim. The identity of any non party claimed to be at fault,if known to the party making the claim, shall also be affirmatively pleaded.

Consider a lawyer here to sue for damages.I am so sorry this happened to you.I wish you the best.

If you can positive rate 5 stars it is much appreciated.

Sorry the site had a bad post here is the law on invasion of privacy, please let me know if you have more

Elements of a Private Facts Claim

In California, the elements of a publications of private facts claimare: (1) public disclosure; (2) of a private fact; (3) which would beoffensive and objectionable to the reasonable person; and (4) which isnot of legitimate public concern. California is notable for alsorequiring a plaintiff to show that the defendant published privatefacts "with reckless disregard for the fact that reasonable men wouldfind the invasion highly offensive." Briscoe v. Reader's Digest Ass'n,4 Cal. 3d 529 (1971), overruled on other grounds by Gates v. Discovery Communications, Inc., 101 P.3d 552 (Cal. 2004).

This requirement gives you extra protection against a privatefacts claim. It means that a plaintiff must show more than that youwere simply wrong in believing publication of the facts in question wasnot offensive; the plaintiff must show that you entertained seriousdoubts about its offensiveness and decided to publish the facts inquestion anyway. In a court, this would involve examination of yourstate of mind at the time of the publication.

Under California law, the plaintiff must affirmatively provethat the facts published were not a matter of legitimate publicconcern; otherwise, the claim fails. The courts consider three factorswhen deciding whether facts are of legitimate public concern: (1) thesocial value of the facts published; (2) the depth of the intrusioninto ostensibly private affairs; and (3) the extent to which theplaintiff voluntarily assumed a position of public notoriety. Mostfacts about celebrities and public officials are considered matters oflegitimate public concern. Private facts about ordinary people involvedin events or occurrences of public significance are of legitimatepublic concern if they bear a reasonable relationship to the newsworthytopic.

Also this is criminal herein California you may want to involve the police

California Penal Code Section 647(j) PC: Invasion Of Privacy

1. Definition and Elements of the Crime

Technology has become increasingly advanced and widespread, with items such as cameras and video recorders available to anyone with a smartphone. With the spread of this technology comes the risk that some people may use recording devices for unlawful purposes. In response to these concerns, the state legislature has enacted California Penal Code Section 647(j) PC which makes it illegal to commit various invasion of privacy offenses.

There are three separate offenses covered by the invasion of privacy statute.

A defendant would be guilty of invasion of privacy under California Penal Code Section 647(j)(1) PC, if the following conditions are present:

  1. The defendant peeked through a hole or opening into an area someone is occupying in which a reasonable expectation of privacy exists
  2. The defendant did so by using an instrument, such as a
    1. Periscope
    2. Telescope
    3. Binoculars
    4. Camera
    5. Video camera
    6. Or mobile phone
  3. 3. AND the defendant did this with the intent to invade the privacy of the person inside.

California Penal Code Section 647(j)(2) PC involves using a concealed device to record another person’s body or undergarments. A defendant would be guilty of this offense where the following elements are present:

  1. The defendant used a
    1. Concealed camcorder
    2. Motion picture camera
    3. OR any type of photographic camera
  2. To secretly videotape, film, photograph or record another identifiable person under or through the other person’s clothing for the purpose of viewing the body or undergarments of that other person
  3. Without the consent or knowledge of the other person
  4. With the intent of sexual arousal or invasion of privacy
  5. AND under circumstances in which the other person had a reasonable expectation of privacy.

California Penal Code Section 647(j)(3) PC involves the use of a hidden camera to record someone in a private area. A defendant would be guilty of this offense where the following elements are present:

  1. The defendant used a
    1. Concealed camcorder
    2. Motion picture camera
    3. OR any type of photographic camera
  2. To secretly videotape, film, photograph or record another identifiable person in full or partial states of dress for the purpose of viewing the body or undergarments of that other person
  3. Without the consent or knowledge of the other person
  4. In the interior area of a
    1. Bedroom
    2. Bathroom
    3. Changing room
    4. Fitting room
    5. Dressing room
    6. Tanning booth
    7. OR any other area in which a person has a reasonable expectation of privacy
  5. With the intent to invade the privacy of the other person.

Thanks for rating 5 stars.

Customer: replied 9 days ago.
Thank you so much, this has really helped in informing myself.
Customer: replied 9 days ago.
Is their a time limit to make a police report...and if they downloaded or recorded recordings from my phone and name people...can they come after me?

No you can still report this You can report this you are not liable at all.They can be prosecuted and you can sue them too.Thanks I wish you the best.

Ray, Lawyer
Category: Legal
Satisfied Customers: 42869
Experience: 30 years in civil, probate, real estate, elder law
Ray and 2 other Legal Specialists are ready to help you
Customer: replied 8 days ago.
Thank you, ***** ***** helped

Thank you.