NSW Ex-employer read my Facebook Private Messages & disclosed information to others

Discussion in 'Employment Law Forum' started by Karly6, 18 September 2018.

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  1. Karly6

    Karly6 Active Member

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    I recently left job of over 7 years with the company & after giving 4 weeks notice & them trying to force me to take my A/L so didn’t have to work the full period, I gave in & advised them I would take the 7 days I had so will work the other period out (needed to get paid) during this time was treated terribly as their is a toxic bullying environment that one day they said why don’t you finish up today.

    I was happy to be getting out & trying to get everything finalised & packed up only to find 5 weeks later they called a colleague into the HR to advise on speaking with external parties about work related matters. They had also resigned so working out his 4 weeks.

    He was advised that they were aware of my conversations with him on FB private messenger since I had left & also told him about other conversations I had with other colleagues I had worked with - in my role I had responsibility to post & respond on FB on behalf of the company so whether in my quick exit didn’t fully log out of computer or mobile (I thought I did restore to factory settings) but I can’t see how else they would have access - during these private conversations there were comments on toxic environment & bullying of certain management which was all on private devices & private FB messenger.

    I feel totally violated that they have read my personal conversations even when I left the company & it would have been obvious that they should have just logged out my profile if that is what was how they accessed my private conversations! Also it is my reputation I concerned about as my conversations & feelings were disclosed in private environment after I had left the company.

    Any advice of what I can do?
     
  2. Rod

    Rod Well-Known Member
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    What do you to happen?
     
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  3. Karly6

    Karly6 Active Member

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    I am concerned based on their past behaviour & what they have done by reading & sharing my personal FB messenger about my professional profile - can they read & speak about personal conversations for weeks after I have left the company (continue to watch & read my personal messenger?)
     
  4. Rod

    Rod Well-Known Member
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    No is the short answer. But these tend to be criminal matters, not civil, so not sure what you expect to happen.

    Get evidence of their behaviour if you can, then you can tell the ex-employer they are committing crimes and if they continue with their bullying and stalking they'll be reported to the police.
     
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  5. Karly6

    Karly6 Active Member

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    Thanks Rod for the response - this is what I thought as is wrong - I am thinking I should have a criminal lawyer send a letter to advise what they have/are doing is criminal & they need to stop & not disclose ever the information they have accessed - would this be the right direction - I just don’t want my professional reputation ruined - also on messenger there were several other private conversations with people from my company HQ which they also voiced their frustrations which we all thought were private conversations
     
  6. Rod

    Rod Well-Known Member
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    It is really up to you how you proceed:

    1. Tell employer to back off or they will be reported to the police
    2. Hire a lawyer to send ex-employer a cease and desist letter
    3. Report employer directly to the police
    4. Do nothing, put it down to experience.

    If it was me, I'd go option 1. But then I'm forthright and have no trouble telling people to back off and pull their head in. Some people I know would choose option 2.

    The problem with option 3 is the police may do nothing with your complaint and then you just be disappointed in the police as well still annoyed with the ex-employer.

    Option 4 requires an ability to let go of the situation. Some people can't, some won't.
     
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  7. Karly6

    Karly6 Active Member

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    Invaluable advice thank you so much - I wish I was strong enough for option 1 but based on their intimidating behaviour don’t feel confident as they manipulate everything. I am going to go Option 2 - can you refer a local (Sydney inner West) lawyer I can speak to, to have this done? Once agin thanks for your insight & I am feeling so much more empowered & in control tonight.
     
  8. Rod

    Rod Well-Known Member
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    Happy to help and glad you are feeling better.

    Sorry, not in Sydney and don't know any lawyers there, and not allowed to recommend/refer by forum rules.
     
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  9. Karly6

    Karly6 Active Member

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    Apologies didn’t want to put you in that situation- once again appreciate advice & support.
     
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