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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19219
Experience:  Employment/Labor Law Litigation
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Im a student pharmacist. Im on rotations at a clinic and

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I'm a student pharmacist. I'm on rotations at a clinic and I was sleeping in my chair at lunch. One of the preceptors took my picture without asking, is he allowed to do this? I'm not an employee of the site and do not get paid.

I'm simply completing pharmacy rotations at the clinic to get my pharmD.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

There isn't any law against taking someone's picture when they are in a public place. The employer couldn't use your picture for monetary gain without your permission, but they don't legally need permission to take your picture while you are in a place of business.
Customer: replied 3 years ago.
Relist: Answer quality.
The current answer is correct and true but that I already know about public place photography. I was hoping for a more thorough answer to help my situation. It's more of what can I do? Can the preceptor take action against me with that photo? I have a pharmD at stake.
You relisted the answer without really asking me any follow up questions, which I invite you to do in my signature by using REPLY.

We can really only answer the questions you ask, so I answered that question.

I'll address your additional questions now.

Unfortunately, there isn't much that you can do. Because it isn't illegal to take your picture, the picture itself can be legally used for purposes of evidence against you if the preceptor wishes to. Unlike in a criminal law situation, where they are 4th amendment rights concerning illegal search and seizure of evidence, this is really a civil law matter. So, even if the evidence were illegally collective, which it wasn't, it still could be used by the preceptor.

I understand the degree you have at stake here. My wife is a pharmD. If I could tell you differently here, I really would. But I can't remain honest with you and, at the same time, tell you that you have some legal recourse available to you.

You will have to address this issue straight on with the school and the preceptor.
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