Legal Question in Civil Litigation in California

Every employee at my job has a locker with only a number on the front, no name. I don't usually lock my locker when I'm at work because I have to get into it frequently throughout my shift. When I went on my break, I checked my phone (which had been all the way in the back of my locker, under several t-shirts and other items) for missed calls, etc. The first screen that popped up when I opened the phone was the SMS screen.

To my horror, I realized that someone had sent compromising photos of me to him- or herself (or possibly to a friend) from my photo album. There were eight photos in total--the attempted ninth didn't go through, probably due to the poor reception in our building--all of which had been taken some months ago, meaning that the intruder would have had to scroll through at least a couple hundred other photos before finding the compromising ones.

I immediately told my supervisor what had happened. She says she's going to look into it for me tomorrow, starting with checking the recipient's phone number against all the employee numbers on file. Is there anything else I can do? The chances that anyone other than an employee was able to get into my locker are VERY slim. What kind of repercussions can there be for this invasion of privacy?

Thanks in advance for your help.


Asked on 3/30/11, 12:22 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Look into it, sure, but you were the one choosing not to lock your property up when you could have. The employer is not responsible to you. IF, IF, you find the culprit, you could consider legal action against him, but you would need to consider whether the fees and costs of doing so is worth it, meaning could you collect enough to cover your costs? If you think so, feel free to contact me if serious about pursuing this.

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Answered on 3/30/11, 10:56 am


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