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Help me with a legal problem
 Moderated by: Saida.M, safetyblitz, Raven, Miss Brighter Days, LadyDay, Kunjufu, Kibibi, Happiness, Dillinger, Breadfruit, Backatya  

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 Posted: Monday July 18th, 2005 03:49

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I have worked at a global telecoms company for 4 yrs. About 2 yrs ago an indian kid started working for us, we work shifts so generally we are kind of wary of people that first start as we are a close knit team. About 6 weeks ago I did a night shift with the boy, everything was cool, I even went to go and get the fools food, the next time I came in everyone said did you know that homeboy reported you..I asked why  and no one could answer. I phoned him and asked him if he reported me, he said he did, I asked him what it was about and he said about the breaks I took and the fact that I slept for an hour. I didnt really get any flack for it but I stopped talking to him. About a week after that, he had just come off night shift and i was on days, It was a saturday and I was working with another member pf the team. Somewhere in the shift we needed to print something out, checked the printer and we had run out of paper, got some, filled the machine and the first thing that came out was a list of my passwords including my personal passwords for my mobile log in. I reported the matter immediately to the Director and the manager informed our corporate security and they started an investigation. They found out eventually that it was him and fired him, but I still aint happy. I believe that he has broken the law and like I said to the guys at work, if it was a black dude, i'm sure the workplace wouldnt have hesitated to call the police in......What would be your next step in this situation?

 



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 Posted: Monday July 18th, 2005 09:02

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I would go to the citizen's advice bureau and speak to a solicitor.  Also check your work handbook and make sure your company followed correct procedures when they fired this boy.  Make sure you have a strong case then go to your boss and say you want to file a grievance report and you want the police to be notified of this boy's actions.  Your company should then re-investigate and this boy will receive a letter explaining what is happening. 



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 Posted: Monday July 18th, 2005 13:39

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Allaccess wrote: 

 I believe that he has broken the law and like I said to the guys at work, if it was a black dude, i'm sure the workplace wouldnt have hesitated to call the police in......What would be your next step in this situation? 

Can't see how he has only broken the law unless he has used the information to commit a crime (i.e. fraudalent use of your passwords).  What he has broken, possibly, are the organisation's internal rules and regulations by obtaining information he was not entitled to.  Nevertheless, it is interesting that they were able to trace a printed piece of paper coming out of paper of a printer available for 'general' use, to that particular individual.  I can only assume he had the information on his computer or something to enable it to be traced bact to him.

Anyway unless, there is evidence of him commiting some kind of fraud or in the process of commiting a crime I can't see what he can be charged with....'possession of stolen property' perhaps?  A long shot.  Furthermore, unless his actions led to you suffering some damage or loss (e.g. he used your mobile to make loads of international calls or something), you personally don't have any grounds to instigate legal (i.e. civil) proceedings against him.  That's how I see it at any rate.

By the way you won't be able to take up a grievance against him with your employer because he is no longer an employee.  If all he has broken are internal regulations and, as I said before, he has committed no chargeable crime, the police wouldn't get involved anyway as they would be no basis to charge him with a crime.  Assuming the 'stolen property' thing is not a feasible option that is.


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 Posted: Tuesday July 19th, 2005 12:18

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They traced the printed paper back to his desk and because we work shifts there was only himself in the room when it happened...the main reason why they dont want it to go further is it may paint the company in a bad light...my worry is that in a few years time this boy use my stuff and commit some type of atrocity and then everyone gonna be saying why didnt you make a note of it at the time...



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 Posted: Tuesday July 19th, 2005 12:18

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Thanks for the advice by the way....



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 Posted: Tuesday July 19th, 2005 14:15

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Allaccess wrote: They traced the printed paper back to his desk and because we work shifts there was only himself in the room when it happened...the main reason why they dont want it to go further is it may paint the company in a bad light...my worry is that in a few years time this boy use my stuff and commit some type of atrocity and then everyone gonna be saying why didnt you make a note of it at the time...

 

Haven't you changed all your passwords yet?  It's probably wise to do this a.s.a.p so that the old ones are no use to anyone.

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 Posted: Tuesday July 19th, 2005 14:42

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One of the first things I did Backatya...



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 Posted: Monday July 25th, 2005 17:49

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Anyway I got his address so I guess we gonna have to handle this the other way huh???lol



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