Legal Question in Employment Law in California
Privacy of Business Documents
I am the wife of a Sole-proprietor of the above named company. At the beginning of the year, we took on a "supervisor" who it was agreed would have access to the business records, though is not a signer or beneficiary or debtor on any account. Recently, he came to review the banking records (1 year's worth of statements and cancelled checks, along with some material invoices) and we stupidly allowed him to removed them from the office. It has now come to our attention that he is having them "reviewed" by someone else because he apparently thinks we have been deceiving him somehow. Can he legally take sensitive items like these, with bank account numbers, signatures and credit account numbers in the memos, for an account that he has no legal tie to and have another person (whom we do not know) review it without our consent? My husband and I are the only signers on all our company's accounts. In addition, he has since left the company and still has the documents, among other things.
2 Answers from Attorneys
Re: Privacy of Business Documents
This response assumes you operate a business within the State of California and the "supervisor" worked within the state as well. Your question is vague as to why this supervisory employee suspects you cheated him. One particular scenario that immediately comes to mind is the supervisor, by mutual agreement, may have been entitled to receive certain incentive compensation based on, for example, a percentage of business profits. Under this scenario, the real issue may not be "whether" incentive compensation is due the supervisor, but what "amount" of incentive compensation is actually due. On the other hand, if the agreement between you and the supervisory employee was not in writing, then the terms and conditions of the incentive compensation agreement "may" be at issue. Irrespective of whether this scenario actually exists, it would appear that the course and scope of the supervisor's employment duties included the right to examine sensitive confidential business records while employed. However, that employment right obviously ceased upon termination unless agreed upon by you otherwise. It may be that the reasonable interpretation of his employment rights may discourage the police from becoming actively involved in getting your business records back from an ex-employee (e.g., a simple civil dispute between employer and employee concerning compensation). Therefore, in addition to making written demand for the return of your business records, you should immediately consult with a local employment lawyer to determine the respective rights of the parties, and the civil remedies available to you. Good Luck.
Re: Privacy of Business Documents
first i would call the cops and report it as a theft. if that doesnt work i would immediately petition the court for a restraining order demanding the return of the documents.
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