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Bill Fix
Bill Fix, Attorney
Category: Legal
Satisfied Customers: 79
Experience:  Attorney at Fix Law, PLLC
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Ok I work in a daycare and my child goes to the same daycare

Customer Question

Hello ok I work in a daycare and my child goes to the same daycare I work at.so a teacher took a picture of her in her undershirt and diaper on Thursday showed me I didn't say anything I brought it to my supervisor so she said shed get to the bottom of it. I never approach the teacher then the next day another teacher came asked me why was their a video of my daughter running around on snapchat on the teachers page at they described exactly what she had on but because Im not the teacher friend on snapchat I couldn't see it for myself but 2 teachers confirmed that it was my daughter. So I told my supervisor she said see if I could fine the video because it snapchat it only stays up for 24 hours so I don't have no that she posted it. Now I don't feel safe with my child their so I called out of work until we get to the bottom of this. They have not yet to give me any answers. What should I do
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New jersey
JA: Have you talked to a lawyer yet?
Customer: No this was the first thing I google and popped up
JA: Anything else you think the lawyer should know?
Customer: This was everything
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  Bill Fix replied 5 months ago.

Many employers would have company policies for their employees about what they can or can't photograph or video in the workplace. If this is at a small locally owned daycare with just one location (as opposed to a larger one with multiple locations), perhaps there in not a company handbook with all the policies spelled out... Check to see if there is, and also check whatever paperwork the parent customers have to sign when they sign up. My guess is that there may be language somewhere that addresses privacy issues. A daycare should be a private institution where someone would have an "expectation of privacy" as opposed to if you're child were walking down a public sidewalk and someone took a video of her...

I don't think that employment law would really address this issue. I suspect it comes down to a potential violation of company policy and your privacy rights. Especially if her motivation in posting the video was to embarrass, mock, or make fun of your daughter. Perhaps different if she thought it was cute, but still inappropriate to do so. Any idea what comment may have been posted with the video?

My guess is the supervisor/owners are checking with their attorney to see what their best move is. They may be looking at various punishments for the other employee, what their obligations are, and whether they need to update their company policies.

You likely have potential legal action you could take against the teacher and/or the daycare. But I hope this is something that could be worked out privately with an apology to you, public apology, and/or fine/suspension/termination of the employee. If you want to consider legal action, your best option is to consult with a local attorney. If you have specific questions, please let me know, and I will try to answer further.

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