FORMER Employer wants my Cellphone for " forensics." (verification, insurance, wages)
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Though as an afterthought, to the OP: In future, unless your boss sits down with you personally and explains you're being terminated, it's in your best interests to follow up with HR yourself and verify. A phone call and a text message are not how most employers would fire somebody. You might not have cared at the time, since you found other employment immediately, but it's best to cover your butt in such situations.
This is worth repeating. Now granted, I have no idea what type of business this was, and I could imagine a small, not very corporate type structure where this might be the norm, but this place has an HR dept. You get a formal pull aside and "You are to collect your belongings, turn in your name badge, and leave" type of parting of ways usually.
I agree about not turning the phone over but then again, I can also see the desire of the company wanting to find out who's doing this (taking at face value that's what the request is about).
They don't need his phone. They have a suspect. If that suspect is still working there they can do their forensics on *his* phone and computer.
They don't need his phone. They have a suspect. If that suspect is still working there they can do their forensics on *his* phone and computer.
If you were going to send a hoax firing, would you use your phone and computer to do it?
They might be thinking to link the suspect with a phone/computer not his own, but one he would have had access to--if they can trace the call from say, his mother's smartphone, then that pretty much proves the suspect was behind it (since presumably the suspect's mother would have no reason to do it herself, and probably wouldn't blink twice if her son said, "Hey mom, my battery's low, can I use your phone real quick?")
Not to mention, by the time HR realized what happened, a week had gone by. If suspect *was* dumb enough to use his own phone/computer, he'd had plenty of time to possibly get rid of the evidence from his devices. Which might be why they want to examine OP's to see if they can figure where the messages came from.
(I still don't think OP should just hand over the phone, though.)
OK,
Odd story, here goes, last week, I got a phone call informing me I was fired for " no work available." weird I thought, but I was brand new at this position and really, really did not like this job anyways, I took it as a emergency job, and right after got offered a better position.
So I took the firing over the phone with a grain of salt since my resignation was imminent. I was also sent a termination of employment letter via text, weird again, I know, but I honestly did not care enough to give it thought.
Fast forward to today, I get a email from former employers head of HR saying I'm being fired for attendance... After an initial wtf reaction, I emailed the hr rep back and told him I had already been fired, this caused nothing but confusion for both of us, after explaining everything, and sending him a pic of my call log and a copy of the termination letter, turns out they never sent that, somebody had set me up. What the hell is all I can say.
At this point I'm blown away and actually relieved that I dodged the bullet. Well, the hr guy has a " suspect" and would like me to send my phone to some forensic company, so they can take a "file flash" or something of my phone, I immediately thought no way in hell, I'm essentially given them Carte Blanche access to my info if I do that, on the other hand, can they legally screw me for not giving them my phone? Im unsure of how to proceed.
If you might get something from this, maybe so. If not, tell them they can have it when hell freezes over.
If you were going to send a hoax firing, would you use your phone and computer to do it?
They might be thinking to link the suspect with a phone/computer not his own, but one he would have had access to--if they can trace the call from say, his mother's smartphone, then that pretty much proves the suspect was behind it (since presumably the suspect's mother would have no reason to do it herself, and probably wouldn't blink twice if her son said, "Hey mom, my battery's low, can I use your phone real quick?")
What state is this? Most states are "at will" where the employer can let you go just because they want to let you go. If they have an employee that they suspect of this they could simply let him go. In any event, there's nothing in it for the OP. I can't believe this is discussion is still going.
The HR person is being pushy because that is what HR people do. They are arrogant and think everyone should ask how high when they say jump, divulge their salary history, take an hour long assessment, play whatever games they dictate. That is why they are so hated.
However, this may be a case where a truly sociopathic individual set someone up to be fired and the next person they try this on could be put in very dire straits. It is really up to the OP whether he/she wants to be just done with the old company or cooperate and help the company go after the sociopath.
I'm wondering if someone realized there could be legal implications to the first firing, so now they're doing it the "correct" way (poor attendance) and want to wipe your phone of the evidence haha.
I wouldn't give them anything. Your employment relationship is terminated. I'd also hold onto that texted termination letter. Sounds like someone in HR made a mistake.
This is one of the most bizarre stories I've ever heard. I agree with treemoni. I wouldn't trust any of their future actions. They're afraid you want to sue them and who can imagine what their response to that would be. No way would I cooperate with any future investigation on their part beyond the generous time you've already given them.
Has anyone ever apologized to you? I doubt it, that would imply they were at fault. What a joke they've now terminated you for poor attendance!
In your shoes, I might be scheduling an appointment with an employment law specialist. In the meantime, good luck with your new job.
What state is this? Most states are "at will" where the employer can let you go just because they want to let you go. If they have an employee that they suspect of this they could simply let him go. In any event, there's nothing in it for the OP. I can't believe this is discussion is still going.
They could just terminate the suspect....but I'm wondering if the company is looking at prosecuting the suspect criminally as well (as he may have hacked into systems, for example.)
OK,
(snip)
At this point I'm blown away and actually relieved that I dodged the bullet. Well, the hr guy has a " suspect" and would like me to send my phone to some forensic company, so they can take a "file flash" or something of my phone, I immediately thought no way in hell, I'm essentially given them Carte Blanche access to my info if I do that, on the other hand, can they legally screw me for not giving them my phone? Im unsure of how to proceed.
I say NO. I wouldn't give my phone to anyone, especially a former employer, and especially after that weird turn of events. I don't even believe that they didn't send that first notice. I suspect the reason given "no work available" presents a problem for them or something along those lines.
So, NO. Don't give them your phone. It's private and privileged.
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