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California. I was recently served legal documents in a family law matter that included personnel file documents from my former employer from 7 years ago. Is my employee record supposed to be accessible in that way by my former employer. The document was used in a case completely unrelated to my employment with my former employer and has nothing to do with the matter at hand. How do I know my rights have been violated? If at all.
 


quincy

Senior Member
California. I was recently served legal documents in a family law matter that included personnel file documents from my former employer from 7 years ago. Is my employee record supposed to be accessible in that way by my former employer. The document was used in a case completely unrelated to my employment with my former employer and has nothing to do with the matter at hand. How do I know my rights have been violated? If at all.
Was your former employer served with a subpoena?

What was in your personnel file that you believe was confidential?

What about your employment seven years ago might be relevant to a current family law matter?
 
It's not my former employer using my records, it's my the father of my children, who as gained the position in the company over the years to access my files, he is using my personal file in a family law matter that has nothing to do with my work file from 7 years ago. I'm pretty sure it was subpoenaed for the fact that he doesnt have a lawyer.
 

quincy

Senior Member
It's not my former employer using my records, it's my the father of my children, who as gained the position in the company over the years to access my files, he is using my personal file in a family law matter that has nothing to do with my work file from 7 years ago.
Do you know why he is accessing your personnel file and using this information in a family law matter?
 
Was your former employer served with a subpoena?

What was in your personnel file that you believe was confidential?

What about your employment seven years ago might be relevant to a current family law matter?
It has nothing to do with the matter at hand. Which is why I find it odd that he felt like he could use it.
 

Just Blue

Senior Member
It's not my former employer using my records, it's my the father of my children, who as gained the position in the company over the years to access my files, he is using my personal file in a family law matter that has nothing to do with my work file from 7 years ago. I'm pretty sure it was subpoenaed for the fact that he doesnt have a lawyer.
Just to clarify...Your ex, who works at the company you formally worked at, has used your employment records for the custody/support case? Do you know if he subpoenaed those records or do you "think" he accessed them himself? In what way did he use the records? To show your income or something like that?
 
Just to clarify...Your ex, who works at the company you formally worked at, has used your employment records for the custody/support case? Do you know if he subpoenaed those records or do you "think" he accessed them himself? In what way did he use the records? To show your income or something like that?
Yes correct, I do not believe subpoenaed them and freely accessed them for personal benefit. He submitted an old write up i recieved 7 years ago for dropping the f bomb, in our domestic violence case probably to try and show that dont always use the right choice of words.
 

quincy

Senior Member
Yes correct, I do not believe subpoenaed them and freely accessed them for personal benefit. He submitted an old write up i recieved 7 years ago for dropping the f bomb, in our domestic violence case probably to try and show that dont always use the right choice of words.
Well, digging up something about you from seven years ago will not win him any points with the judge.

Depending on all facts, accessing company records without authorization could be a computer crime - and a good reason for your ex’s employer to terminate your ex’s employment.
 

zddoodah

Active Member
I was recently served legal documents in a family law matter that included personnel file documents from my former employer from 7 years ago. Is my employee record supposed to be accessible in that way by my former employer.
Served what "legal documents"? What sort of "family law matter"? A divorce case? What "personnel file documents" did it include? What does "accessible in that way by my former employer" mean? Obviously, your former employer has complete and unfettered access to its own records relating to your employment. Based on your post #3 in this thread, it sounds like the father of your children now works for your former employer and, as such, has access to your employment file. Is that correct?

The document was used in a case completely unrelated to my employment with my former employer and has nothing to do with the matter at hand.
Used how? If the document was, in fact, "used in [the] case," then it would seem to be a necessary inference that the judge in that case disagreed with your position that the document "has nothing to do with the matter at hand." If the judge agreed with you, then he/she would not have allowed the other party to "use" the document.

I'm pretty sure it was subpoenaed for the fact that he doesnt have a lawyer.
If your employment file was subpoenaed and you failed to move to quash the subpoena, then your ex's access to the documents in your personnel file for potential use in your case was almost certainly legal.

I do not believe subpoenaed them
Well...which is it? Previously (in post #3 in the thread) you wrote that you are "pretty sure it was subpoenaed."

He submitted an old write up i recieved 7 years ago for dropping the f bomb, in our domestic violence case probably to try and show that dont always use the right choice of words.
Did the court make a ruling based, to any degree, on this?

By the way, are you represented by counsel in this case? If so, have you discussed this issue with him/her?
 

quincy

Senior Member
And yes it was my ex who now works for my former employer who use the documents in a private family matter in court.
You could report the accessing of your personnel files to your ex’s employer BUT, if you are relying on your ex to pay child support and/or alimony, you really do not want your ex fired and unemployed - and termination of his employment is a possibility if the access was unauthorized (which it more than likely was).
 

quincy

Senior Member
Cnewellnewton, what effect (if any) did the seven-year-old disciplinary report have on your family law matter?
 

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