Legal Question - How to Set up and Sue

Discussion in 'The Howard Stern Show' started by MyLazyHand, Apr 5, 2015.

  1. MyLazyHand

    MyLazyHand Russia and France Know What to Do

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    So my employer fired me recently, saying that I wasn't nice enough to work there.

    In reality, I had an extremely lazy and ineffective boss who was costing the company millions of dollars, and he fired all of the managers working for him to cover it up. I become "not nice enough" when I made our Finance Department aware of the huge losses due to bad management. A month later I was gone.

    No big deal as I've lined up a job with 1/3 the workload, more vacation and more money.

    Here's my issue: I had been using my Samsung phone (personal phone) for work. The IT Department set up the phone so that all of my personal texts go directly to my work Outlook account. So if you send me a text asking about grabbing a beer or going to a movie, it goes right to my work account.

    I bitched and argued and they refused to disable this feature. This was 18 months ago.

    Now that I'm gone, they're still getting my texts. This pisses me off. I honestly don't even know how to disable this on my phone. I've spent a couple hours searching to no avail.

    I don't have a salacious sex life or plans to join ISIS, but what's my recourse? I know they're spying on me by what others are telling me which they could only know by reading my texts.

    This cannot be legal, and I'm wondering if I should engineer a trap for them and threaten to sue in order to gain settlement. They've been reading my texts for a while now.
     
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  2. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    so if someone texts you messages talking about sodomy photos of your ex-boss, the messages go to your ex-employer's systems?
     
  3. MyLazyHand

    MyLazyHand Russia and France Know What to Do

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    It would go directly to him and he'd manage it.
     
  4. EndOfLine

    EndOfLine PLATINUM SPONSOR VIP

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    Letting them load their management config on your personal phone was dumb.

    The whole BYOD (bring your own device) thing is starting to become a big deal at businesses for obvious reasons.

    I carry two phones (unlike Hillary) - one for work and my personal device. The two shall never cross. Ever.
     
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  5. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    then you probably should have your service provider completely wipe your phone back to factory specs and give you a new number. SMS is stored in your service provider so they have the control.
     
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  6. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    i have a work bberry and my iphone. the bberry is a nice desk clock. we use an encrypted and sandboxed program to access email. whenever they tighten the policies so that it impacts my private device, i restore the OS and inform them that I will only be responding from the office when i am logged in. Within a week they revert their policy and i reinstall. I really don't care what they read of mine (I also use protonmail for anything i don't want people to see). I just care when their policies handicap my devices.
     
  7. EndOfLine

    EndOfLine PLATINUM SPONSOR VIP

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    The point is, you aren't required to use your personal device for your work.

    If you agree to have the company's MDM installed on your device, don't be surprised if your device isn't 'personal' anymore.
     
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  8. Vettesetter

    Vettesetter Active Member

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    If you got a better job and situation from leaving there, then I surely wouldn't want to still be involved with them over a petty reason. If your text is what their worried about then that company has a lot of issues.

    The only legal argument I see that you may have is that it is an invasion of privacy. And since your not an employee any longer, you don't fall under whatever their company email policy is. It depends on what your state allows. In mine, if an employee uses the employers email setup for personal, I can monitor it without the employees permission. I personally wouldn't do this cause if I get rid of you, then I want to be done with you completely and I have more important things to do.

    The easy answer with the simplest and fastest solution, although you may see it as a slight inconvenience, is just change your number and send the new one out to the people you want to have it on group text.
     
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  9. MyLazyHand

    MyLazyHand Russia and France Know What to Do

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    Yes, but I no longer work there. They can spy on me unfettered for the rest of my life?!
     
  10. Jayla

    Jayla Ou ai-je l'esprit? Gold

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    Forward this to Wiggy: "Please advise".
     
  11. R.P. McMurphy

    R.P. McMurphy Well-Known Member

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    ...send him a cease and desist letter.
     
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  12. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    they can't figure out how to require it yet. I am required to be on call, but that depends upon the device as they cannot require that i never leave my home. so far they are accommodating. i have informed them that, should it become a requirement i will purchase a prepaid phone solely for their use and deduct the cost as an unreimbursed business expense.
     
  13. OV

    OV Rapscallion

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    Maybe it's easier to just bite the bullet, get a new Samsung and put that one up for sale on ebay. After all "time is money"
     
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  14. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    or you could get a new phone, donate the old one to some militant muslims so the NSA captures their textings to your ex-boss?
     
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  15. Chibbs

    Chibbs Well-Known Member

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    For $100 you can get an attorney to send them a demand letter putting them on notice that they must disable that feature and provide you proof that it has been disabled.
    Give them 10 business day to comply.
    There are PLENTY of attorneys who will take the case on contingency if litigation becomes a necessity.
     
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  16. R.P. McMurphy

    R.P. McMurphy Well-Known Member

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    ...you can also file a complaint that *could* develop into a case with the national labor relations board. your ex boss doesnt want any of that, theyre federal.
     
  17. MyLazyHand

    MyLazyHand Russia and France Know What to Do

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    OK, good to know.

    The company is run by dishonest people and they treat humans like cattle, so I'm sure some of my motivation is due to their bad practices.

    Spying on people's personal info is pretty damn low, don't you think? Someone is actually sitting around reading my family's thoughts on our weekend plans. That's just dirty and disgusting to me. It's kind of like staring through a neighbor's windows when they have the curtains open.

    Bad enough that they chose to fire me, but now they're going to read my personal things indefinitely? Fuck them.
     
  18. EndOfLine

    EndOfLine PLATINUM SPONSOR VIP

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    If you wipe the phone how are they still able to monitor you? On the iPhones with some sort of MDM installed, you just click one button to restore the phone - don't you have that on the Samsung?
     
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  19. Dump Button

    Dump Button Former Mall Security Guard

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    Your email is or probably will be disabled soon
     
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  20. Dump Button

    Dump Button Former Mall Security Guard

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    So are they filling your old position with a millennial?
     
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