COULD I TAKE THE WORK FILES TO DEMONSTRATE MY DISCRIMINATION CASE?

 

Query:

I was recently denied a raise in my own company.  I talked to a few of my colleagues, and that I 'm beginning to feel there's sexual discrimination happening at our firm.  It looks like the girls make a good deal less compared to guys and are a good deal less inclined to have increased compared to guys.  I whined about it to my supervisor, but he said I had been imagining things and I need to mind my own company and do a better job when I need a raise.  I am aware there's a citizenship record in our supervisor’s office which states how much everybody makes.   I'm worried that I could be fired for complaining, and I wish to have some kind of evidence I was perfect.

 

Response:

Yes, you can get in trouble for copying files that you simply don’t have permission to get.  Your curiosity in the record is clear, as is the desire to collect evidence of discrimination.  But from a legal standpoint, this is a really risky strategy.

Though your employer can't legally fire you for making a complaint about sex discrimination, it may flame you for violating its own rules regarding confidentiality and access to staff information.  Going into a supervisor’s workplace and copying a listing with payroll information for different workers would probably violate many companies ' policies.

If your employer doesn't learn about you copying the listing straight away, it might place your claim of gender discrimination in peril.    If your employer violates the law and also fires you for making a criticism, at least you'd have legal recourse.

 Below a legal concept known as the "after-acquired proof philosophy," a company can utilize proof it finds after to justify its illegal shooting.   Your employer will learn that you reproduced the payroll files when you use existing them on your own lawsuit.  Your employer will then assert that, even though it arouses you illegally for creating the discrimination complaint, it was legal right to fire you for accepting confidential records.  Thus, even if the employer violated the law, then don't have any right to collect compensation, since you'd have been terminated for another reason.

Sound circular?  Well, it's.  But that's exactly the way the law operates.  Looking on the other hand, your employer will almost certainly need to hand over those deductions files as soon as you file a lawsuit alleging gender discrimination.  For the time being, you can talk to a labor lawyer but you should certainly not copy or take anything you aren't eligible to have.