View Full Version : Question about my legal rights
renny
06-08-2009, 10:37 PM
This thread is for all the lawyers out there. I'm just really curious.
My vehicle was broken into and as such it caused me to be late for work. Does my employer have the right to ask me to give them a copy of my police statement?
I'm rather perplexed because a part of me thinks that they have no right knowing what was in my car and all the other details associated with the break-in. Am I wrong here?
Thanks in advance,
Renny
Wookie
06-08-2009, 10:54 PM
This thread is for all the lawyers out there. I'm just really curious.
My vehicle was broken into and as such it caused me to be late for work. Does my employer have the right to ask me to give them a copy of my police statement?
I'm rather perplexed because a part of me thinks that they have no right knowing what was in my car and all the other details associated with the break-in. Am I wrong here?
Thanks in advance,
Renny
not an answer, but a possible solution. Photocopy and on the copy black out everything that you don't want them to see.
renny
06-08-2009, 10:59 PM
not an answer, but a possible solution. Photocopy and on the copy black out everything that you don't want them to see.
Yea, I'm doing that right now actually as we speak. It's just annoying :confused:
Dan02
06-08-2009, 11:05 PM
I obviously don't know your situation but unless you have a history of being late I think you're employer is being a bit of a dick here for sure.
renny
06-08-2009, 11:11 PM
I obviously don't know your situation but unless you have a history of being late I think you're employer is being a bit of a dick here for sure.
We work on flex hours, so me letting him know that I was running late was just a courtesy. Which is really unfortunate because it's my belief that if I hadn't told him he wouldn't have even noticed.
Dan02
06-08-2009, 11:13 PM
so now i am really confused, they're demanding proof you were late when you weren't really even required to be on time??? weird.
Tower
06-08-2009, 11:27 PM
This is a funny thing. We all say we have rights in this country but we never defend them. This is a generalization or broad brush strokes but it is up to us to defend our rights.
This is where British common law comes in or common law. That is what we operate under. This is our founding law and becuse of this we are the luckiest bunch of saps in the world. So it is you who must claim your rights. This means to let them be known or made public. As long as your rights do not interfere with another person you are good. But you will still need to defend them.
So in general terms. Conditionally accept what they ask upon proof that they are acting lawfully. Are they in the right to ask for this information? If they can produce such information, upon your request, then show them. Don't be a turd about it. Just ask them. If they are difficult write an notice and conditional acceptance offer. Sound odd but is the best way to do it IMO. You are not saying "no" but putting the ball in their court to act lawfully.
DementedReality
06-08-2009, 11:28 PM
i dont know about rights, but thats one hell of a work enviroment. you sure there isnt more to the story?
flameswin
06-08-2009, 11:30 PM
This is a funny thing. We all say we have rights in this country but we never defend them. This is a generalization or broad brush strokes but it is up to us to defend our rights.
This is where British common law comes in or common law. That is what we operate under. This is our founding law and becuse of this we are the luckiest bunch of saps in the world. So it is you who must claim your rights. This means to let them be known or made public. As long as your rights do not interfere with another person you are good. But you will still need to defend them.
So in general terms. Conditionally accept what they ask upon proof that they are acting lawfully. Are they in the right to ask for this information?
ummmm, you just said a bunch of mumbo jumbo, then at the end you re-asked the question that the OP asked....to the OP.:blink:
Tower
06-08-2009, 11:37 PM
ummmm, you just said a bunch of mumbo jumbo, then at the end you re-asked the question that the OP asked....to the OP.:blink:When you don't want to do something, or you feel it is infringing on your rights you can "conditionally accept" an offer. It is better than saying no to someone and create conflict or saying yes when you don't want too. Hence, you will do it if they can prove they have the right to ask.
You didn't quote the whole post... But I did edit more after...
Delgar
06-08-2009, 11:39 PM
I'll assume you don't have a written employment contract.
You are under no legal obligation to provide the police report.
They are under no legal obligation to continue your employment.
You can be terminated at any time for any reason, or for no reason, if your employer so chooses, but if they terminate you for no reason or without 'just cause' you are owed notice of the termination or payment in lieu of that notice.
flameswin
06-08-2009, 11:44 PM
When you don't want to do something, or you feel it is infringing on your rights you can "conditionally accept" an offer. It is better than saying no to someone and create conflict or saying yes when you don't want too. Hence, you will do it if they can prove they have the right to ask.
You didn't quote the whole post... But I did edit more after...
I just hit quote, as in quote the whole post.
Tower
06-08-2009, 11:44 PM
Flameswin - Ya, I edited a bit slow.... I need to preview before posting. ;)
The benefits of no contracts are great but the crappy part is what delgar states. I'm freelance and I freaking love it.
No CRA...
If you wish you can PM me and I'll guide you to a place where you can write the CA and Notice.
renny
06-08-2009, 11:46 PM
i dont know about rights, but thats one hell of a work enviroment. you sure there isnt more to the story?
To be quite honest, the guy has had it out for me ever since I took over some of his tasks and was immensely successful at it.
That to me was the turning point, ever since then he's tried to do everything to make my life miserable. That's why I called him out of courtesy cause I didn't want him to try and use that against me.
It's just really annoying because if it weren't for the economy being in the shape that it is now I would be requesting a team change, but since we have a hiring freeze that's not an option for me.
renny
06-08-2009, 11:47 PM
Thank you tower I really appreciate this.
Jayems
06-08-2009, 11:49 PM
I can understand medical notices if you miss a few days of work but being late on a flex schedule and they want the police report? Laugh.
I'd ask him to show you the document that shows he requires the release of personal information not related to work (ie: personal information about your car, personal belongings logged in the police reports etc).
Then, if at all possible, throat chop the
(edit: fyi, thoat chopping may get you in some trouble)
Jayems
06-08-2009, 11:52 PM
The only other thing I'll add and has already been semi-mentioned. Why wouldn't this guy believe you? I'd like to think that everyone knows I don't lie because I don't. As such, when I'm late, I give the reason, be it legit or not, but it's always the truth. Are you a habitual liar? Constant tardiness? Or is this guy honestly out to get you? Maybe he's had a final straw of lateness and finally wants you to prove it.
Clever_Iggy
06-08-2009, 11:53 PM
You are an at-will employee (I assume). Therefore, you can be fired for any reason, for no reason but just not for a bad reason (discriminatory). Therefore, being late to work without documentation is a reason to fire you.
I think you're well within your rights to redact sensitive information from the report and submit only time, date, officer name and the basis of the report.
I would not recommend putting the ball in their court regarding them asking you to prove you were late for legitimate reason. Frankly, as an employer, they can just tell you "Cuz we can" or "did you sign a contract stating that we couldn't do this? No? Then beat it."
It's doesn't seem fair, but that's beside the point. IMO, those are your choices.
As for Tower - I would refrain offering any type of legal advice without solid grounds to do so.
Tower
06-08-2009, 11:54 PM
I can understand medical notices if you miss a few days of work but being late on a flex schedule and they want the police report? Laugh.
I'd ask him to show you the document that shows he requires the release of personal information not related to work (ie: personal information about your car, personal belongings logged in the police reports etc).
Then, if at all possible, throat chop the.
Hey Jayems - correct your post or you'll get in trouble.
Tower
06-08-2009, 11:54 PM
As for Tower - I would refrain offering any type of legal advice without solid grounds to do so.
When have I done this?
Jayems
06-08-2009, 11:56 PM
Hey Jayems - correct your post or you'll get in trouble.
Funnily enough, I had already edited before you posted about the throat chop.. is that what you mean? Or that I got around the filter... which has also been remedied.
Jesus... we can't have any fun around here!
flameswin
06-08-2009, 11:57 PM
Hey Jayems - correct your post or you'll get in trouble.
Jayems is a chronic throat chopper, it's just what he does. Nothing will change that.
Seriously, click on my user name, under vistor messages there's one from Jayems that says "I should throat chop you". I didn't question it, I just accepted it, because it's part of who he is.
Clever_Iggy
06-08-2009, 11:59 PM
When have I done this?
Conditionally accept what they ask upon proof that they are acting lawfully. Are they in the right to ask for this information? If they can produce such information, upon your request, then show them. If they are difficult write an notice and conditional acceptance offer. Sound odd but is the best way to do it IMO. You are not saying "no" but putting the ball in their court to act lawfully.
Here.
Tower
06-08-2009, 11:59 PM
Funnily enough, I had already edited before you posted about the throat chop.. is that what you mean? Or that I got around the filter... which has also been remedied.
Jesus... we can't have any fun around here!
Nope the work around.
Tower
06-09-2009, 12:00 AM
Here.
But what I say is for entertainment purposes.... It says so in my sig.
Jayems
06-09-2009, 12:00 AM
Nope the work around.
It will forever live in infamy in your quoted post, however!
flameswin
06-09-2009, 12:03 AM
But what I say is for entertainment purposes.... It says so in my sig.
Tower, you are a real character, my friend.:)
Tower
06-09-2009, 12:06 AM
It will forever live in infamy in your quoted post, however!
Nope fixed it... Not wanting to get you in trouble... Made note to a special mod to catch it quick and also to remind us not to work around the filter... I got nailed for it and don't want someone to get it as well.
Jayems
06-09-2009, 12:08 AM
What the heck is a special mod?
Tower
06-09-2009, 12:09 AM
What the heck is a special mod?
NOT in any way an insult. Just privy to the topic.
Nope fixed it... Not wanting to get you in trouble... Made note to a special mod to catch it quick and also to remind us not to work around the filter... I got nailed for it and don't want someone to get it as well.
Thanks Tower. Good thing you're here to "remind us not to work around the filter". I know that I just about forgot and was going to likely do it as early as today. I'm relieved that I've now been reminded and will thus avoid what was likely going to be at least a reprimand and possibly a suspension. Whew.
KevanGuy
06-09-2009, 08:48 AM
What the heck is a special mod?
Am I special? I guess not, I didn't get the note.
photon
06-09-2009, 09:30 AM
But what I say is for entertainment purposes.... It says so in my sig.
It doesn't matter what you say in your sig, what you actually DO is what matters.
One of the things we want here on this forum is people to actually engage in discussion. Which implies people dealing honestly and without duplicity.
By saying what you say is for entertainment purposes, then that's basically admitting every post is a trolling post, because what you are posting is not necessarily what you really think, simply posted for entertainment purposes.
I think everyone knows what happens to trolls.
mykalberta
06-09-2009, 09:31 AM
I personally would talk with the HR person. I dont believe your Manager has the right to see it, but your HR person might.
Hack&Lube
06-09-2009, 10:16 AM
If they want a piece of paper I'll give it to them, makes life easier. Once I was mugged and missed a plane. They wanted the police report to get me a new ticket for free. I did that. Easy.
Like others said, you can black out personal information and photocopy/fax. It's more stressful to worry about when it just amounts to proof of an event that caused you to miss work like a Doctor's note - even if they legally have no real authority to ask this of you.
renny
06-09-2009, 08:51 PM
yea, i just blacked out the contents and location of my vehicle. it was the easiest solution. just very annoying.
Thanks for everyone's help
Mayer
06-09-2009, 09:25 PM
Maybe I'm missing something, but why is it bad for your employer to know what is in your car or where it was parked?
Delgar
06-09-2009, 10:30 PM
Maybe I'm missing something, but why is it bad for your employer to know what is in your car or where it was parked?
Well, its none of his boss' business. I'd say he probably within the boss' right to ask for verification of a story that led to being late (if he was really late). The employer does not have the 'right' to force the employee to hand over a copy of the report.
I agree the boss is a ###### for asking... he appears to be a leader who relies on fear more than inspiration, but so be it.
Maybe the original poster's car was parked outside his boss' ex-wife's house at 12:30 am and the car included the book "101 Ways to Avoid Being Caught Making Love to your Boss' Ex-wife".
Either way, his boss doesn't have the right to force that information out. Verification of the excuse for lateness could include many forms.
Delgar
06-09-2009, 10:34 PM
Didn't read the OP's whole prior post. Deleted.
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