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What are employee's rights against employer who went through pictures on my cell phone without permission

Asked over 3 years ago - Kissimmee, FL

A manager at my workplace went through pictures on my phone without my permission. Within those picture were a few explicit pictures of my girlfriend! I feel that my privacy has been invaded! The manager above him only wants to give him a verbal warning! What can i do?

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Attorney answers (2)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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A verbal warning may be the appropriate discipline if this employee has an otherwise clean record. Discipline should be graduated, not a matter of one mistake and you're out. What are you doing carrying around explicit pictures on your cell phone anyway? Put them some place truly private and you'll be exempt from peeping toms.

www.kamanlaw.com

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Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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Is this phone provided by the employer? If yes, the employer, through its managers, may have a right to review the phone. And if you have sexually explicit images on the employer's property, the employer may have liability in some circumstances.

If this is your personal phone, you likely should look into locking the phone up. Many phones have security features that once activated require a person to enter codes before the person can do anything with the phone.

You may have rights given in your state's laws. You can review your facts and options with an attorney in your state.

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