Being Videotaped Without Knowledge at Work

[Augusto]

First, I want to say thank you for your help! I am having trouble if I have any rights in my situation.

The quick version: Another employee videotaped me at work while “horse playing” with another employee, very friendly banter however I looked stupid in the video, he showed everyone at work and posted it on websites, everyone at work makes fun of me because of the video and I feel harassed, hopeless, and violated. He did videotape me without me knowing it.

Do I have any rights to stop this from making it onto websites that he posted it on, or any rights at my workplace to stop this?

Please help. and thank you again

[aaron]

What is your state? Where were you at the time you were videotaped?

[Augusto]

What is your state? Where were you at the time you were videotaped?

NY, Inside the warehouse of where I work.

[Mr. Knowitall]

I believe New York law would permit the videotaping if this is simply footage from security cameras, or if one or more of the people who appear in the footage consented to being in the video. This could be different if the videotaping were conducted such that it violated your reasonable expectation of privacy - your co-workers can't secretly videotape you on the toilet. Without a more complete context all I can really do is guess.

You can check the terms of use for the websites where this video is posted, to see if it violates their terms and if you can request its removal.

[Augusto]

I believe New York law would permit the videotaping if this is simply footage from security cameras, or if one or more of the people who appear in the footage consented to being in the video. This could be different if the videotaping were conducted such that it violated your reasonable expectation of privacy - your co-workers can't secretly videotape you on the toilet. Without a more complete context all I can really do is guess.

You can check the terms of use for the websites where this video is posted, to see if it violates their terms and if you can request its removal.

it is from a camera phone. they taped it when neither of us knew about it.

Terms of use of the website really does not help, it will hit every website that hosts stupid videos, you know this. I want it so he is held accountable if he posts it.

Is there any laws I can use here?

and I want to tell my boss, I KNOW this guy will get fired for doing this, but how do I go about this, does my boss need a witness, how many people need to get involved? Will I get fired if he shows them the video where me and another person are acting goofy hitting each other, honestly it was not a fight, it was just us playing. we were on the clock and it lasted like 20 seconds. I don't know what to do here.

I do not like this situation I am in, and it is causing me stress.

[Mr. Knowitall]

You can try to have it prosecuted as an unlawful recording. I am skeptical that you would succeed. Although you were indoors you didn't have any apparent expectation of privacy beyond what you would enjoy in any other setting, and it appears the recording was made from a lawful vantage point, which makes me question whether New York's law would apply and, even if it does, whether a prosecutor would want to invest time in the case. You can try to hire a lawyer to get an injunction against the distribution of the video. I expect that would be expensive.

I don't know what proof your boss would require, or what he would do in response to your conduct as recorded in the video.

[cbg]

You posted on a site for defamation so I assume you want to know if you are being defamed, among other things.

Posting a video of you horsing around does not even come close to meeting the definition of defamation.

I don't know the laws in New York regarding posting such videos without permission so I won't attempt to address the question of whether the law will allow you to force him to take it down.

I do, however, know employment law.

First, your boss is not required by law to fire him. He can if he chooses; he need not if he chooses not to. You CANNOT force him to. The law does not give you the right to dictate to your boss what discipline he hands out.

If he chooses to do so, he does not need a witness. The number of people who need to get involved equals the number of people your boss wants to have involved. I have no way of knowing if you WILL get fired; there will be nothing illlegal if you ARE fired. You certainly CAN be fired for horsing around at work, even if it was only 20 seconds. Frankly, if I were the other employee and I got fired and you didn't, I'd be making a lot of noise about it. As an HR manager, I personally would opt for either firing both of you, or firing neither of you.* The fact that he posted the video does not change the fact that as far as WORK issues are concerned, you are both equally guilty. If your offense was not severe enough to warrant firing, neither was his. The posting of the video is not a work related issue and your boss has NO obligation to take any notice of it whatsoever. It is not illegal if he does; he is by no stretch of the imagination required to.

If there are additional facts that you believe would change this response, by all means post them.

*Based solely on what you have posted here, I don't believe that firing either of you would be warranted; I'd be more inclined to figuratively slap both your wrists and send you back to work.

[Augusto]

You posted on a site for defamation so I assume you want to know if you are being defamed, among other things.

Posting a video of you horsing around does not even come close to meeting the definition of defamation.

I don't know the laws in New York regarding posting such videos without permission so I won't attempt to address the question of whether the law will allow you to force him to take it down.

I do, however, know employment law.

First, your boss is not required by law to fire him. He can if he chooses; he need not if he chooses not to. You CANNOT force him to. The law does not give you the right to dictate to your boss what discipline he hands out.

If he chooses to do so, he does not need a witness. The number of people who need to get involved equals the number of people your boss wants to have involved. I have no way of knowing if you WILL get fired; there will be nothing illlegal if you ARE fired. You certainly CAN be fired for horsing around at work, even if it was only 20 seconds. Frankly, if I were the other employee and I got fired and you didn't, I'd be making a lot of noise about it. As an HR manager, I personally would opt for either firing both of you, or firing neither of you.* The fact that he posted the video does not change the fact that as far as WORK issues are concerned, you are both equally guilty. If your offense was not severe enough to warrant firing, neither was his. The posting of the video is not a work related issue and your boss has NO obligation to take any notice of it whatsoever. It is not illegal if he does; he is by no stretch of the imagination required to.

If there are additional facts that you believe would change this response, by all means post them.

*Based solely on what you have posted here, I don't believe that firing either of you would be warranted; I'd be more inclined to figuratively slap both your wrists and send you back to work.

I want to say thank you for your reply.

Well, I feel like my privacy was violated and my respect in the work place was mangled. I have to go to a place where I WORK 8-12 hours a day where people saw a video of me acting "stupid". When we are all in the breakroom he will show the video just to annoy me.

If I was OUTSIDE I would not care, it is my fault, it is public grounds, but I was inside a building where I work where there are no cameras. Taping me feels like a violation of my privacy and posting it the way he did is even worse.

Do you know anything about workplace harassment? and if this constitutes harassment.

The reason why I said my boss would fire him because we had a meeting about not video taping people with camera phones and having a camera AT ALL in the warehouse is illegal. And having a phone is violation of workplace rules that everyone had to sign when they were hired.

The reason why I never went to my boss is because I do not want to get fired myself, I also heard that if he is fired, I will also be fired.

again, thank you for your time.

[cbg]

Yes, I do know something about workplace harassment, and based on what you have posted this isn't it. At least, not the illegal kind.

Look, no one held a gun to your head to get you to act foolish. You did it all on your own. Anyone could have seen it at the time it happened. You didn't worry about that at the time. You can't complain now because it's being seen.

It may be a violation of company policy to have a camera in the warehouse. It is not illegal. There is no statute that says you can't have a camera in the warehouse.

[Security Consultant]

As to the privacy issue. Unless the video was taken in an employee locker room or bathroom there is no reasonable expectation of privacy. From what you wrote, this does not appear to be the case.