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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29037
Experience:  More than 30 years in legal practice.
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I'm currently holding two jobs, my boss from my first job

Customer Question

I'm currently holding two jobs, my boss from my first job took my picture while I'm working my second job without my permission. Can he do that?. Then he showed the picture during the meeting with his management staffs. Is that legal? I feel he's intruding my rights. Is there something I can do?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney and I look forward to assisting you.

Expert:  Loren replied 11 months ago.

Were you out in public when your picture was taken?

Customer: replied 11 months ago.
No, I was in my second job
Expert:  Loren replied 11 months ago.

What is the job?

Customer: replied 11 months ago.
Server in a Japanese restaurant
Expert:  Loren replied 11 months ago.

Basically, if you are outside your home or in a public place, such as a restaurant, the law says you have no expectation of privacy and your permission is not required to take your photograph. So, your legal rights were not violated if the picture was taken in an area of the restaurant open to the public (as opposed to a changing area or bathroom, where there is a reasonable expectation of privacy).

Expert:  Loren replied 11 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 11 months ago.

Are you still online with me?

Expert:  Loren replied 11 months ago.

Please remember to rate my service so that I am credited by JA for assisting you and also so that I may close the question. Thanks.

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