Expectation of privacy for email accounts.

[MrSparky101]

What is the name of your state (only U.S. law)? Ontario Canada

I have a situation that is gradually getting worse,

Background: I work for a company lets call them ABC Widgets. My boss is the president of this company. We will for the purpose of this email refer to him as Paul.
From 1999 thru 2013 I worked for a company called Acme Widgets. In 2013 I transferred from Acme Widgets to ABC Widgets. My Old boss lets call him Frank
purchased an ownership % stake of the ABC Widgets. To keep the story short Frank lent Paul's company ABC Widgets a fair amount of funds and is currently
helping with paying expenditures this includes payroll.

I have a history with Frank going back to 1999, not a negative history just that we've worked closely together up until 2013 when I transferred. Because of
this past history Frank has recently began making demands of me that are well I don't think they're proper. I,E, divulging information about Paul, where
he going when he leaves, when he arrives things we talk about things he says. Now he'e requesting that I setup a forwarder on Paul's email. ( a forwarder is
a means of having all mail that goes to a particular address copied and forwarded to a second address with out knowledge of first party.) I am not the least
bit comfortable doing this and I will not do it. I think it violates a persons privacy and am firmly against it. There has been no policy set fourth nor anything
required to be signed that you are giving up rights to privacy. I need a legal fall back that I can come back with and say "listen Frank, you cannot do that
because of ______ insert legal reason here. Because of how it's been setup, I think it's just a matter of time before he does it himself and locks me out of the
picture.

So do you think I need advise from a lawyer?

Appreciate any and all input.

Sincerely.
MrSparky101

 

[quincy]

What is the name of your state (only U.S. law)? Ontario Canada

I have a situation that is gradually getting worse,

Background: I work for a company lets call them ABC Widgets. My boss is the president of this company. We will for the purpose of this email refer to him as Paul.
From 1999 thru 2013 I worked for a company called Acme Widgets. In 2013 I transferred from Acme Widgets to ABC Widgets. My Old boss lets call him Frank
purchased an ownership % stake of the ABC Widgets. To keep the story short Frank lent Paul's company ABC Widgets a fair amount of funds and is currently
helping with paying expenditures this includes payroll.

I have a history with Frank going back to 1999, not a negative history just that we've worked closely together up until 2013 when I transferred. Because of
this past history Frank has recently began making demands of me that are well I don't think they're proper. I,E, divulging information about Paul, where
he going when he leaves, when he arrives things we talk about things he says. Now he'e requesting that I setup a forwarder on Paul's email. ( a forwarder is
a means of having all mail that goes to a particular address copied and forwarded to a second address with out knowledge of first party.) I am not the least
bit comfortable doing this and I will not do it. I think it violates a persons privacy and am firmly against it. There has been no policy set fourth nor anything
required to be signed that you are giving up rights to privacy. I need a legal fall back that I can come back with and say "listen Frank, you cannot do that
because of ______ insert legal reason here. Because of how it's been setup, I think it's just a matter of time before he does it himself and locks me out of the
picture.

So do you think I need advise from a lawyer?

Appreciate any and all input.

Sincerely.
MrSparky101

FreeAdvice handles US law questions only. Sorry. You will need to find legal assistance in Canada.

Good luck.

 

[Just Blue]

What is the name of your state (only U.S. law)? Ontario Canada

I have a situation that is gradually getting worse,

Background: I work for a company lets call them ABC Widgets. My boss is the president of this company. We will for the purpose of this email refer to him as Paul.
From 1999 thru 2013 I worked for a company called Acme Widgets. In 2013 I transferred from Acme Widgets to ABC Widgets. My Old boss lets call him Frank
purchased an ownership % stake of the ABC Widgets. To keep the story short Frank lent Paul's company ABC Widgets a fair amount of funds and is currently
helping with paying expenditures this includes payroll.

I have a history with Frank going back to 1999, not a negative history just that we've worked closely together up until 2013 when I transferred. Because of
this past history Frank has recently began making demands of me that are well I don't think they're proper. I,E, divulging information about Paul, where
he going when he leaves, when he arrives things we talk about things he says. Now he'e requesting that I setup a forwarder on Paul's email. ( a forwarder is
a means of having all mail that goes to a particular address copied and forwarded to a second address with out knowledge of first party.) I am not the least
bit comfortable doing this and I will not do it. I think it violates a persons privacy and am firmly against it. There has been no policy set fourth nor anything
required to be signed that you are giving up rights to privacy. I need a legal fall back that I can come back with and say "listen Frank, you cannot do that
because of ______ insert legal reason here. Because of how it's been setup, I think it's just a matter of time before he does it himself and locks me out of the
picture.

So do you think I need advise from a lawyer?

Appreciate any and all input.

Sincerely.
MrSparky101

U.S.Law Only.

 

[quincy]

Uh, yes. That was already noted.



(Blue, your private message box is full)

 

[Just Blue]

Uh, yes. That was already noted.



(Blue, your private message box is full)

Uh, yes. I noted.

Fixed my PM's.

 

[quincy]

Uh, yes. I noted.

Fixed my PM's.

Thanks.

 

[cbg]

For benefit of the poster, I will add that it's not because we are being isolationist or exclusionary - it's that Canadian law and that of the US is not the same and we have no experts on Canadian law here.

Well, one, but I don't think this falls into her areas of expertise.

 

[Just Blue]

For benefit of the poster, I will add that it's not because we are being isolationist or exclusionary - it's that Canadian law and that of the US is not the same and we have no experts on Canadian law here.

Well, one, but I don't think this falls into her areas of expertise.

^^^^

**************.....

 

[quincy]

For benefit of the poster, I will add that it's not because we are being isolationist or exclusionary - it's that Canadian law and that of the US is not the same and we have no experts on Canadian law here.

Well, one, but I don't think this falls into her areas of expertise.

Although MrSparky's concern appears to touch on Canadian employment law, it more clearly falls under Canadian privacy laws.

Perhaps someone would like to suggest to FA administrators that a new section of the forum be created to handle questions posted by foreign visitors.

Although the site's policy of US Law Only is well-established and recognized by most members of this forum, several of the forum members have working experience in the laws of other countries and in international laws. A separate forum category for visitors from other countries could provide a place for these foreign visitors to post their questions to be answered by those with the knowledge to assist.

 

[adjusterjack]

I need a legal fall back that I can come back with and say "listen Frank, you cannot do that
because of ______ insert legal reason here.

I have no idea what the "legal" answer is and probably wouldn't even if you were in the US.

But I do have common sense and a lot of years in the working world.

It's unfortunate that you are put in the middle like this because working for two masters is likely to get you fired no matter what you do. Been there, done that.

What you "should" do is tell Paul what Frank is up to and let them work it out between themselves.

And start seeking employment elsewhere. These things never work out well for the "monkey in the middle."

 

[quincy]

I have no idea what the "legal" answer is and probably wouldn't even if you were in the US.

But I do have common sense and a lot of years in the working world.

It's unfortunate that you are put in the middle like this because working for two masters is likely to get you fired no matter what you do. Been there, done that.

What you "should" do is tell Paul what Frank is up to and let them work it out between themselves.

And start seeking employment elsewhere. These things never work out well for the "monkey in the middle."

It is this^^^type of post that is a problem.

Guessing at what is best for someone in a different country, while admitting you don't know the laws of that country, benefits no one.

 

[Mass_Shyster]

I'll start with "Yes, you need a lawyer".

I found one reference regarding Canadian law that reads "A wilful interception of "a private communication" without authorization is a indictable offence under s. 184 with a maximum penalty of 5 years. This offence does not include situations where one of the parties consents (s.184(2))."

So it seems that if YOU cause the interception of the email, you could be committing a crime.

The way I see it, Paul hired you and Paul can fire you. Unless there's a really strange situation going on, Frank's investment in the company does not give him the authority to fire you. You work for Paul.

Look at it this way: If I buy a zillion shares of a company, I can't walk in and start telling people what to do. If I own enough shares, I can vote in a new board of directors of my own choosing, who can fire management and replace them, who will then make the employees do what I want.

 

[LdiJ]

I'll start with "Yes, you need a lawyer".

I found one reference regarding Canadian law that reads "A wilful interception of "a private communication" without authorization is a indictable offence under s. 184 with a maximum penalty of 5 years. This offence does not include situations where one of the parties consents (s.184(2))."

So it seems that if YOU cause the interception of the email, you could be committing a crime.

The way I see it, Paul hired you and Paul can fire you. Unless there's a really strange situation going on, Frank's investment in the company does not give him the authority to fire you. You work for Paul.

Look at it this way: If I buy a zillion shares of a company, I can't walk in and start telling people what to do. If I own enough shares, I can vote in a new board of directors of my own choosing, who can fire management and replace them, who will then make the employees do what I want.

I agree with this advice. Your loyalty is to your current employer.

 

[quincy]

Does this forum have a Canadian attorney who is willing to chime in - or are all of the Canadian lawyers hanging out in Canada instead of on a US Law Only forum?

 

[LdiJ]

Does this forum have a Canadian attorney who is willing to chime in - or are all of the Canadian lawyers hanging out in Canada instead of on a US Law Only forum?

I think that Erelations (I hope I spelled that right) is a Canadian HR expert. I know that somebody here is a Canadian HR expert.