Fontana, CA asked in Employment Discrimination, Employment Law and Intellectual Property for California

Q: can a co worker steal Intellectual property out of my phone off work and use it against me to get me suspended at work

can a co worker go threw my phone off of work while I am under the influence of achocol with out my permission and then take pictures of what is on my phone to use it against me at work to get me suspended.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Your employer can act on any information it receives from any source to discipline you. There would be no legal case against the employer. As to the co-worker, suing a co-worker is rarely worth the time, money and effort, even if you had a meritorious claim. If that intellectual property should not have been on your phone to begin with, I doubt you can state a case for being caught.

Good luck to you.

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