Legal Question in Civil Rights Law in Utah

I recently worked for a company while I was pregnant. The company I worked for told me that they needed a medical release paper stating I was o.k. for the remainder of my pregnancy to perform my job duties. I was assistant to my boss and he put his e-mails on my computer and gave me his pass code. He also put 2 other people's e-mails on my computer in outlook. He had me go through his e-mails almost daily. I came accorss an e-mail that stated the real reason why they wanted me to get a medical release paper was if I was to miscarry, (Which I ended up miscarring) then I could blame it on work stress and draw worker's comp. I told another employee about this and how I intended to look into my civil right with the EEOC. I filed for unemployment and my boss appealed it. I used these e-mails that I had access for the case. My employer said that they objected due to privacy act law. The judge overruled it in the case because they had 2 e-mails stating after they heard I was going to sue for discrimination that stated I believe we should limit access to her files because of the discrimination. They stated with unemployment that they let me go because of attendance where I argued I was released wrongfully due to discrimination. Can they file criminal charges for using these e-mails that they gave me full access to? Can I file a lawsuit against them for discrimination? This company harrassed me all the time while I was pregnant and singled me out a lot. They also gave the bosses brother paid vacation while I was pregnant but didn't give me any when I had vacation time when I miscarried. Then they used it against me with my unemployment for time missed and they stated that is why they fired me was for attendance. I definetly need help on this legal question. Thanks!


Asked on 8/20/09, 6:50 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Based upon what you've stated, you may very well have a legitimate legal action against them. You should consult an attorney that specializes in employment and discrimination law. I don't believe you have anything to worry about concerning any criminal charges. If you were given access to the information, then there's hardly any basis for any kind of invasion of privacy claim. In any event, invasion of privacy is a civil, not criminal, matter. Furthermore, in the event you become involved in litigation with them, you and your attorney will have the right to request all documents pertaining to the case, including all email correspondence concerning you and your employment with the company.

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Answered on 8/26/09, 5:05 pm


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