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  1. #1
    Join Date
    Jul 2012
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    6

    Default Can Your Employer Fire You Based on Information Obtained Illegally

    My question involves labor and employment law for the state of: n/a

    I am from outside the US but I am sure my question will be interesting.

    Occasionally I access a non-work forum from work. I have recently been told that there is an issue with this (specifically that I may have made comments on that forum while at work). I do not remember doing so but I *can* say that I have never revealed where I work on that forum.

    Now comes the interesting bit. I have very strong suspicions that the data (forum access records) that my employer is using against me was obtained **illegally** via a third-party hacker (and the info found its way from him to my employer). The blog I go to HAS been hacked (and data stolen from the computer) - that is a *fact*.

    So - in spite of me possibly doing something stupid (commenting on the forum from work) - *do I have a defensible case if the forum access records were obtained illegally?*

    Keen to hear your views - bye for now -
    PDfan.

  2. #2
    Join Date
    Aug 2014
    Posts
    226

    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    This forum is for US law only. So your case is not interesting to us at all.

  3. #3
    Join Date
    Mar 2013
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    17,514

    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    Generally, if your employer owns the computer you work from then NOTHING you do on that computer is private and the employer has a right to obtain the records of your usage in any manner he chooses and there's be nothing illegal about it.

    I'm guessing that's true even outside the US.

    Use your work computer for work, nothing else.

  4. #4
    Join Date
    Aug 2014
    Posts
    226

    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    Quote Quoting adjusterjack
    View Post
    I'm guessing that's true even outside the US.
    In like every country on the earth? lol! Seriously, you have no idea what kinds of wacky laws they can have in europe or iceland or saudi arabia or china or outer mongolia or argentina, etc.

    We have no idea even where OP is from.

  5. #5
    Join Date
    Mar 2013
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    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    Quote Quoting JulesJam
    View Post
    In like every country on the earth? lol!
    Yes.

    Probably on Mars, too. Maybe throughout the galaxy, even the universe.

    Quote Quoting JulesJam
    View Post
    Seriously, you have no idea what kinds of wacky laws they can have in europe or iceland or saudi arabia or china or outer mongolia or argentina, etc.

    We have no idea even where OP is from.
    I did say I was guessing.

    Although, in some of those countries, they probably cut of your hand if you use your work computer for personal stuff.


  6. #6
    Join Date
    Aug 2014
    Posts
    226

    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    Quote Quoting adjusterjack
    View Post
    Although, in some of those countries, they probably cut of your hand if you use your work computer for personal stuff.
    And in Europe, they probably fine the employer if the employer fires you for using your work computer for personal use, idk, but it wouldn't surprise me at all given how anti-employer Europe is in general.

  7. #7
    Join Date
    Mar 2013
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    17,514

    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    Quote Quoting JulesJam
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    And in Europe, they probably fine the employer if the employer fires you for using your work computer for personal use, idk, but it wouldn't surprise me at all given how anti-employer Europe is in general.
    Wouldn't surprise me either.

  8. #8
    Join Date
    Jul 2012
    Posts
    6

    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    Thanks for that, JulesJam.

    I should clarify (and this is important) - the data that was obtained illegally was NOT on my computer (or any work computer). It was stolen (hacked) from the forum that I visited.
    So - given that it is stolen data that the employer is using (given to him by a third party) and given that it could have been altered in any way - I believe that gives me at least *something* of a defense case.
    Still keen to hear your comments (thanks to all so far who have commented).

  9. #9
    Join Date
    Aug 2014
    Posts
    226

    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    Quote Quoting PDfan
    View Post
    Thanks for that, JulesJam.

    I should clarify (and this is important) - the data that was obtained illegally was NOT on my computer (or any work computer). It was stolen (hacked) from the forum that I visited.
    So - given that it is stolen data that the employer is using and given that it could have been altered in any way - I believe that gives me at least *something* of a defense case.
    Still keen to hear your comments (thanks to all so far who have commented).
    This is a US law only forum. We have nothing to offer you other than making jokes and baseless speculation. This thread should be locked.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Data for Termination Obtained Illegally - Do I Have a Case

    Since the law in the US and the law in other countries is NOT necessarily the same, we have no way of knowing whether you have any kind of case or not.

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