Can we sue the boss?

[Rob-MD]

What is the name of your state? Maryland

My wife used to work for the Baltimore County Fire Department and has since 2000. Just recently she was forced to resign or be terminated.

The grounds, were mis-use of the computer system.

Her imediate supervisor had given her the password to his account in order to enter payroll, staffing, training, and other day to day records. She has been doing this work, in addition to other supervisory skills over the past 2 years now, in an effort to prepare for promotion, and to keep cohesiveness within the station.

Management found out, forced her supervisor to retire and now has forced my wife to resign. They say it's because of the fact she was accessing information she was authorized access to. Keep in mind, her access to this information was kept strictly business, and was in no way used inappropriately. Management apparently agrees and has no evidence to prove otherwise. So there only grounds was unautherized access.

can this be case when her supervisor authorized it? To top that, his supervisor new of this and he also approved of it.

Since then both supervisors have been forced to retire, and my wife foreced to resign. Her union rep was a waste, legal councel advised she didnt have much of an arguement, and couldnt call her supervisor to testify since he signed some sort of "keep your mouth shut or you'll lose your pension" papers.

Can we go after the supervisor(s) for knowingly puting her in bad situtation and subsiquently losing her career?

 

[seniorjudge]

Management found out, forced her supervisor to retire and now has forced my wife to resign. They say it's because of the fact she was accessing information she was authorized access to.

Huh?

 

[Zigner]

Your wife knew that accessing the computer system in the way she did was not proper.

 

[Beth3]

Can we go after the supervisor(s) for knowingly puting her in bad situtation and subsiquently losing her career? No. Giving bad direction is not against the law.

 

[Rob-MD]

Sorry, it know it sounds confusing let me try again.

My wifes' supervisor have her 'his' login info so that she could in essence perform his duties. Payroll, staffing and such.... So she did. She was not aware of severity since her job description states "other assigned duties".

So she did this computer work as asked by her supervisor.

Questions arose due to her access, which made it up to the second level supervisor. He said as long as the owner of login and password is willing to allow her to access his account then he was ok with it.

Turns out... high level management found out 2 years later. They did an inquiry into the situation, and found both supervisors clearly violated rules/regulations and allowed someone who did not have authorization to the computer, into it. They were subsiquenyl forced to retire or risk being terminated and losing everything.

My question is, since her supervisor knew the rules/regulations, he knowingly put my wife in a risky situation.

 

[seniorjudge]

They did an inquiry into the situation, and found both supervisors clearly violated rules/regulations and allowed someone who did not have authorization to the computer, into it. They were subsiquenyl forced to retire or risk being terminated and losing everything.

My question is, since her supervisor knew the rules/regulations, he knowingly put my wife in a risky situation.


Did your wife know of these rules/regulations?

 

[Zigner]

Sorry, it know it sounds confusing let me try again.

My wifes' supervisor have her 'his' login info so that she could in essence perform his duties. Payroll, staffing and such.... So she did. She was not aware of severity since her job description states "other assigned duties".

So she did this computer work as asked by her supervisor.

Questions arose due to her access, which made it up to the second level supervisor. He said as long as the owner of login and password is willing to allow her to access his account then he was ok with it.

Turns out... high level management found out 2 years later. They did an inquiry into the situation, and found both supervisors clearly violated rules/regulations and allowed someone who did not have authorization to the computer, into it. They were subsiquenyl forced to retire or risk being terminated and losing everything.

My question is, since her supervisor knew the rules/regulations, he knowingly put my wife in a risky situation.

You wife willingly participated in activities that were prohibited. She knowingly put herself in the position.

 

[Zigner]

Did your wife know of these rules/regulations?

SJ - I'm skipping that step. Government agencies have rules that must be followed when accessing/utilizing their computer system. I could be wrong...but I doubt it

 

[Rob-MD]

You wife willingly participated in activities that were prohibited. She knowingly put herself in the position.

I realise ignorance is no excuse, howver, given her position, which at the time was a newly appointed position. She assumed the what she was asked to due, fell into the "other duties, as assigned" catagory of her job description. She didnt question the legality of it.

If it makes any difference, her supervisor was also charched with "intimidation". During managements investigation, they found that he used his authority for personal gain amongst other employees as well.

Personally, I feel, his position of power along with his knowledge of the rules and regs, he had no right to ask something of a subordinate which would violate these rules.

 

[Zigner]

I realise ignorance is no excuse, howver, given her position, which at the time was a newly appointed position. She assumed the what she was asked to due, fell into the "other duties, as assigned" catagory of her job description. She didnt question the legality of it.

If it makes any difference, her supervisor was also charched with "intimidation". During managements investigation, they found that he used his authority for personal gain amongst other employees as well.

Personally, I feel, his position of power along with his knowledge of the rules and regs, he had no right to ask something of a subordinate which would violate these rules.

You should seek the advice of a local employment law attorney...I don't think you're getting the answers you want to hear on this site.