violation of personal property/ failure of employer to have e mployee complete paperwork

I am a highly skilled and experienced Paralegal. I have been voluntarily out of work for about 6 months. I recently decided to go back to work and accepted a job with a small firm who was eager to have me start right away. On my first day, I was not given a handbook or any relevant tax or human resources information to fill out. Yesterday was my 6th day and still, no procedures or policies were explained to me and I still was not given any paperwork to fill out (not because I did not ask, I add). Needless to say while I was not working I had been working with several recruiters to possibly assist me in looking for a position (who regularly contac me via email). When I left my office for my lunch break, my new employer went into my PERSONAL email account and printed an email from a recruiter, I guess by referencing the memory of the hard drive. When I returned from lunch I was asked to leave and not given any real explanation other than they were upset I had other jobs lined up, which was not the case. Not only do I feel violated, but I fear I will not get paid the hundreds of dollars they owe me. I understand it is their equipment but do they have a right to go into my personal email? And how can a computer usage policy be enforced if it was never explained to me? Please let me know my rights. their rights.

1 answer  |  asked Mar 29, 2005 12:27 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You are entitled to your pay, but not to privacy on the employer's computer

An employer is generally free to inspect computers that it provides to its employees. An employer is also free to prohibit employees from using the computer for personal purposes. Therefore, an employer is generally within its rights to inspect your computer and to terminate your employment if it finds that you used it for personal purposes.

One exception to this rule is if the employer fired you for another, but unlawful, reason, and simply said that it fired you for personal use of your computer.

You are, however, entitled to pay for the time you worked. If your employer fails to pay you, consider filing a small claims action in your local Municipal court. It costs $75 and you do not need an attorney. Most employers would just pay up, rather than go through the embarrasment of appearing in court.

Best regard,

Neil Klingshirn

posted by Neil Klingshirn  |  Mar 30, 2005 10:21 AM [EST]

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