So, I am going to tell you about something that happened at work today. I work as a lifeguard/swim instructor at a local pool, and I have great coworkers and annoying bosses (like everyone, right?)Anyways, we have a rule about no cell phones out while at work, which is no big deal. So, yesterday, one of my coworkers was leaving and took out his cell phone to check his messages as he walked out. However, he got distracted on his way out, and he left the phone on the staff table. An hour later, another one of my coworkers found the phone, but as we didn't know what to do with it, we just left it on the staff table.
A few hours later, the guy who lost the phone called and asked if anyone had seen it. We said we saw it, but when we looked at the staff table, it was gone.
So, today, the guy who lost his phone asked my boss if she had seen it, and she said that a parent had turned it in. We all know this is a lie because we were there when it was found, and it was not a parent who turned it in. Also, what parent would take something off the staff table? No, clearly, my boss found the phone and nabbed it.
Ok, so my boss is lieing about finding the phone, that should be no big deal. However, things get worse. Apparently, my boss went through my coworker's texts and phone calls to see if he had every texted during work. I don't know what evidence she found, but today my coworker was put on probation based on evidence found on his phone.
So, what I want to know is if this is an invasion of privacy? I know that legally, the cops wouldn't be allowed to peruse his phone without a warrant, so is my boss allowed to? Does the fact that it was left on the pool deck give her the right to violate his privacy? Why is she not being truthful about how she found the phone? Why is she such a bitch?
I know that personally, I would never want anyone going through my texts. I text to Sally (who knows I am gay) about being gay, and if someone found that, it would be a really bad situation. Of course, I delete most of the texts that could be incriminating, but I may have forgotten one. I think that my boss was way out of line in going through his texts, and if I were him, I'd threaten a law suit against her.
4 comments:
I'm not a lawyer but that very much sounds like an illegal invasion of privacy to me.
Yeah it sounds like it is an invasion of privacy
Hmm, an invasion of privacy it may be. But to go so far as to sue is too extreme. Certainly your boss should be ashamed of herself for nosing about on another person's phone. How rude!
You can sue, and get money for it. It's one thin to break company policy, and get probation for it.
But it's a major legal no-no for an employer to use illegal means to find evidence to reprimand the employee.
For instance, even in court, the whole case can be screwed if the police used illegal means to obtain incriminating evidence. Even if the evidence shows that the criminal is 100% guilty, it cannot be admitted in court.
This seems like a very good opportunity to make some quick bucks. You can ask your friend to talk to union or trade lawyers.
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