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My son got terminated in Topeka, KS, which he did not do.

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My son got terminated for...
My son got terminated for theft in Topeka, KS, which he did not do. They say they have video of him stealing a brownie but will not let him view the tape. Doesn't he have a right to see the tape? He was a probationary employee.
Submitted: 2 years ago.Category: Criminal Law
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1/24/2016
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 2 years ago
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience: Attorney and Counselor at Law
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Hello. My name is ******** *****y. I have been an attorney for 26 years. I will help you with your question today.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 2 years ago

I have some questions that will help me to determine what laws apply. First, is this a private company or does he work for the state of Kansas? Was he told what is rights were as a probationary employee? Many times these are given in a company handbook. We also have to find out if he is an "at will" employee, which means that the employer has the right to fire an employee with or without cause.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 2 years ago

The reason why I ask if there is an employee handbook is because there may be something in that handbook that establishes an agreement for probationary employees to not be fired without due process. For example, the book may allow the probationary employee to confront evidence of wrongdoing, see the video. If this is a private employee, they may be able to fire during a probationary period because Kansas is an "at will" employment state. This means, if there is no employment contract (or agreement in the employee manual) the employer can fire with or without cause at any time even if there is a probationary period.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 2 years ago

I have researched your question about viewing the videotape. Kansas has no rights established about viewing Human Resource files, which such a video would be considered part of. The only way you would be able to view the videotape is if you had a civil case against the workplace and you made a discovery demand to see the videotape. If you had such a lawsuit, the following is the law found in the Rules of Civil Procedure in Kansas:

60-234. Production of documents, electronically stored information, tangible things and entry onto land for inspection and other purposes. (a) In general. A party may serve on any other party a request within the scope of subsection (b) of K.S.A. 60-226, and amendments thereto:

(1) To produce and permit the requesting party, or its representative, to inspect, copy, test or sample the following items in the responding party's possession, custody or control:

(A) Any designated documents or electronically stored information, including writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations, stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

(B) any designated tangible things; or

(2) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test or sample the property or any designated object or operation on it.

(b) Procedure. The request may be served on the plaintiff after commencement of the action and on any other party with or after service of process on that party.

(1) Contents of request. The request:

(A) Must describe with reasonable particularity each item or category of items to be inspected;

(B) must specify a reasonable time, place and manner for the inspection and for performing the related acts; and

(C) may specify the form or forms in which electronically stored information is to be produced.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 2 years ago

Please let me know if you have any further questions, which I will be happy to research for you. If you are satisfied with my service today, I ask that you rate me. Good luck to you and your son.

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