Can I be terminated for computer file access?

[Pepsione fan]

Currently I was suspended by my employer pending investigation due to file access which apparently they claim i wasn't suppose to have in the first place. When i was hired I was hired i was never given orientation by my employer as previous jobs. One week i put in personal time in for an up coming week but noticed it was a constant drag by my director posting schedules accordingly in a timely manner. So i looked at the shared drive which showed a folder with the name of my department. Given my history in my field i assumed it was the same as my previous job, so i saw the schedule along with other files and thought nothing of it. I even noticed my own person disciplinary files which i never got a copy of, so i emailed them to myself but accidentally included an ex employees file. The file didn't included any person information just the infraction of why he was written up and the dates which pertained to the write up. A month later i was questioned by my boss if i went through the folders which i admitted to as i didn't know i wasn't suppose to go in there. The folders were not restricted and had no passwords. He furthered question why, and i told him i was looking for the schedule as i never got the answer from him. He then ordered me not to go in there again, which i didn't. The month following that order he takes me to human resource, and human resource says i have invaded privacy and that this is a terminable offense. They say i will spoken to further once investigation is concluded. A week later then bring me back down to their office and suspended me claiming 'due to computer access/ file usage.' It's been almost two weeks and my union business agent says they will call me once the investigation is complete. He also mentioned he will attempt to get me back working. I currently Live in NYC, but don't feel confident on how he will defend me. Is this really a terminable offense even though i was never told i can't access these files? Part of my job does includes being on the computer every so often.

 

[adjusterjack]

The problem is that you are in a union and whether you can be terminated and under what circumstances depends entirely on the terms and conditions of the union contract.

So there's no way anybody here can answer the question. You'll have to rely on your union rep.

I will say one thing.

If you have been suspended without pay, file for unemployment right now so you can protect your benefits.

If you have been suspended with pay during the investigation, then just sweat it out for a while but start polishing up the resume just in case.

Frankly, at this point, I wouldn't trust the union or your employer to have your interests in mind.

 

[Shadowbunny]

Currently I was suspended by my employer pending investigation due to file access which apparently they claim i wasn't suppose to have in the first place. When i was hired I was hired i was never given orientation by my employer as previous jobs. One week i put in personal time in for an up coming week but noticed it was a constant drag by my director posting schedules accordingly in a timely manner. So i looked at the shared drive which showed a folder with the name of my department. Given my history in my field i assumed it was the same as my previous job, so i saw the schedule along with other files and thought nothing of it. I even noticed my own person disciplinary files which i never got a copy of, so i emailed them to myself but accidentally included an ex employees file. The file didn't included any person information just the infraction of why he was written up and the dates which pertained to the write up. A month later i was questioned by my boss if i went through the folders which i admitted to as i didn't know i wasn't suppose to go in there. The folders were not restricted and had no passwords. He furthered question why, and i told him i was looking for the schedule as i never got the answer from him. He then ordered me not to go in there again, which i didn't. The month following that order he takes me to human resource, and human resource says i have invaded privacy and that this is a terminable offense. They say i will spoken to further once investigation is concluded. A week later then bring me back down to their office and suspended me claiming 'due to computer access/ file usage.' It's been almost two weeks and my union business agent says they will call me once the investigation is complete. He also mentioned he will attempt to get me back working. I currently Live in NYC, but don't feel confident on how he will defend me. Is this really a terminable offense even though i was never told i can't access these files? Part of my job does includes being on the computer every so often.

1) what did your union rep say?

and

2) Yes, you can be fired for this.

 

[cbg]

Yes, this is really a termination offense even if you were never told you can't access those files.

If your union is willing to negotiate to keep your job, be thankful. Without union protection, the second you emailed your disciplinary files to yourself, your job was as good as gone, and may well be yet. WHAT were you thinking?

And in what state was this?