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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12250
Experience:  JD, MBA
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I own a factory that does not allow pictures or videos to be

Customer Question

I own a factory that does not allow pictures or videos to be taken inside the factory without approval. It is in our handbook. Is there anything I can do about an former employee taking a video and putting it youtube that has me and some of the other employees in it that was taken inside my building?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

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.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 1 year ago.
Thank You. Yes this answers my question.
Expert:  TJ, Esq. replied 1 year ago.

You're quite welcome. Please let me know if you need any further clarification, and positive feedback is much appreciated.