Illegally Obtained Evidence for Administrative Hearing

[jsonnebe]

My question involves unemployment benefits for the state of: Michigan

Hello and thanks,

My wife was fired. She was a bank teller. She was accused of stealing money from a customer. The police were never involved. She was approved for benefits.

The employer tried several times to appeal. Each was denied. The employer appealed to an administrative law judge and a hearing was granted.

The employer sent two employees to represent the credit union. My wife had a (worthless) advocate. During the trial the credit union employees produced as evidence copies of my wife's checking account activity. (I am joint on the account) My wife's advocate did not object. No notification, subpoena, or warrant was ever issued to obtain this information.

My position is that this action made an end-run around my 4th amendment rights and my protection under federal banking privacy laws.

My question is: Since this was an administrative court in the state of Michigan where should I file my lawsuit? Federal court or state court?

Thanks for your time.

[jk]

My position is that this action made an end-run around my 4th amendment rights and my protection under federal banking privacy laws.

Your 4th amendment rights? How were your rights abused? If they had a right to your wifes account, you got to come along for the ride. That's what happens when you are joint owners of things.

[Dogmatique]

And further, what exactly is it you wish to accomplish?

You're not going to get a hefty payout, if that's what you're thinking?

[jsonnebe]

"If they had a right to your wifes account..."

I think you misunderstood my argument. The credit union employees went to their computer, pulled up our account information, and hit print. They did not have any authority or authorization to use our account information in such a manner.

Your bank wouldn't give me a printout of your account. They wouldn't give the FBI your account information without a warrant. The same applies in this case.



And further, what exactly is it you wish to accomplish?

You're not going to get a hefty payout, if that's what you're thinking?

Actually, I was thinking that my rights are pretty valuable to me and I intend to protect thoise rights. Furthermore, this illegal evidence led to damages, including lowering my credit score, putting me behind on bills, attorney fees for an appeal, emotional distress, etc.

I can't see why anyone would question what I wish to accomplish. The credit union broke the law and they need to be held accountable.

[cbg]

I think you misunderstand the law. Your wife was both an employee and a customer of the credit union. As such, the credit union had LEGAL access to her account and they could LEGALLY access it.

[jsonnebe]

"I think you misunderstand the law. Your wife was both an employee and a customer of the credit union. As such, the credit union had LEGAL access to her account and they could LEGALLY access it."

Her employment status has nothing to do with our account information. Just because she was an employee doesn't mean the credit union had carte blanche to pass out our private information to whomever it wished. Furthermore, the credit union takes great measures to keep employee accounts private, even from other credit union employees. I'm sorry, but I reject your opinion of the situation.

[jk]

Furthermore, this illegal evidence led to damages, including lowering my credit score, putting me behind on bills, attorney fees for an appeal, emotional distress, etc.

How?

The credit union broke the law and they need to be held accountable.

what law? It wasn't your 4th amendment rights. Your 4th amend rights do not extend to a private entity.

[Dogmatique]

"I think you misunderstand the law. Your wife was both an employee and a customer of the credit union. As such, the credit union had LEGAL access to her account and they could LEGALLY access it."

Her employment status has nothing to do with our account information. Just because she was an employee doesn't mean the credit union had carte blanche to pass out our private information to whomever it wished. Furthermore, the credit union takes great measures to keep employee accounts private, even from other credit union employees. I'm sorry, but I reject your opinion of the situation.

Please feel free to speak with a local attorney.

[jsonnebe]

"I think you misunderstand the law. Your wife was both an employee and a customer of the credit union. As such, the credit union had LEGAL access to her account and they could LEGALLY access it."

Also, accessing the account is not the problem. If they want to look at it all day long be my guest. They broke the law when they entered this information into evidence in a hearing trying to prove my wife was a criminal. They acted as their own police department but they ignored due process laws.

These replies seem odd to me. A compilation of the opinions posted seem to suggest that since my wife was an employee of a credit union the credit union can legally stand on the street corner and pass out leaflets with my wife's private account information to anyone who wandered past.

[jk]

I think you misunderstood my argument. The credit union employees went to their computer, pulled up our account information, and hit print. They did not have any authority or authorization to use our account information in such a manner.

Haven't you noticed that the teller looks at your account every time you make a transaction at the counter? Do you give them permission each time?

Your bank wouldn't give me a printout of your account. They wouldn't give the FBI your account information without a warrant. The same applies in this case.

No, it doesn't. The FBI is a police agency and as such requires a warrant. The bank is not a police agency, in fact they are not even a governmental agency so they are not bound by the same restriction a police agency is.

They broke the law when they entered this information into evidence in a hearing trying to prove my wife was a criminal. They acted as their own police department but they ignored due process laws.

they are not bound by your right to due process. That is something a court deals with, not a private business.

These replies seem odd to me. A compilation of the opinions posted seem to suggest that since my wife was an employee of a credit union the credit union can legally stand on the street corner and pass out leaflets with my wife's private account information to anyone who wandered past.

that is nothing even close to the situation it was used for.