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What is the possible legal action to be taken if somebody gets your private documents...

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evefuerte | Student, Undergraduate | (Level 1) eNoter

Posted September 4, 2008 at 5:07 PM via web

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What is the possible legal action to be taken if somebody gets your private documents within your locker without your consent?

the private documents includes evidences against my boss regarding the payroll padding that they have made in our company

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urthona | (Level 1) Assistant Educator

Posted September 4, 2008 at 9:13 PM (Answer #1)

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The two primary legal actions available given the scenario that you describe are:

  1. filing a criminal complaint alleging theft of your property
  2. filing a civil action for the loss of your property (known as conversion in some jurisdictions).

There are several key issues implicit in your question:

  1. Who owns the incriminating documents, you or the company? The answer may not be obvious.
  2. Was the locker on company property? If so, the person who took the documents may claim that the company owns the locker and whatever rights to privacy employees have with respect to items placed in the locker do not extend to company documents.
  3. Do you know who took the documents or the person who currently has possession of them? Perhaps communicating your willingness to file criminal charges or to seek legal assistance to pursue a civil action to regain possession will nudge them to return the documents.
  4. If the documents are in the hands of a company employee, is there an internal method, such as a grievance procedure, to seek the return of the documents? If not, perhaps explain the situation to the head of human resources or some other appropriate company officer.

Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader should consult a lawyer if you want a qualified professional’s assurance that this information, and your interpretation of it, is appropriate to your particular situation.


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ericson | Student, Grade 9 | eNotes Newbie

Posted September 23, 2008 at 4:40 AM (Answer #2)

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file a criminal complaint against the person

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