Employment Law Questions? Ask an Employment Lawyer.
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A creative attorney may help you to sue the former employee and claim that the handbook constituted an employment contract between you and the employee, and therefore, the employee contractually agreed not to take video, and has breached that contract. Another possible basis for such a lawsuit could be if the video divulged something that was sensitive or private. Finally, if the video captured a private conversation, and the parties to the conversation were unaware that they were being recorded, then the recording of the conversation was likely illegal. The problem, however, is that even if the former employee were held liable, that doesn't necessarily mean that YouTube would take down the video. In other words, regardless of whether or not the former employee did something wrong, YouTube did nothing wrong and so it may not take down the video. On the other hand, a letter from an attorney making the request would likely go a long way, particularly if there is litigation with regard to the video.
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