Employment Law

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A employee took a picture of me sleeping without me knowing…

Customer Question
A employee took a...

A employee took a picture of me sleeping without me knowing can I file a lawsuit for the company

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I work for the state of maryland I am a correctional officer

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I have w union and I am full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The person that took the pic wasn't a supervisor

Submitted: 11 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/16/2017
Employment Lawyer: Dwayne B., Lawyer replied 11 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Employment Lawyer: Dwayne B., Lawyer replied 11 months ago

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Employment Lawyer: Dwayne B., Lawyer replied 11 months ago

Were you on the job at the time the picture was taken?

Where were you located when the picture was taken (example: office, cafeteria, locker room, etc)?

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Customer reply replied 11 months ago
I was on the job sitting down and the picture was taken in a rec area
Customer reply replied 11 months ago
They took the pic and sent it to a supervisor and I had to write a report because they said I was unattentive
Employment Lawyer: Dwayne B., Lawyer replied 11 months ago

Under those facts, taking the picture was not illegal nor an invasion of your privacy. The courts have long held that a picture taken in an area where there is no expectation of privacy is not actionable. So, for instance, taking a picture in a recreational area where other people come and go is not illegal whereas if they had taken a picture in a bathroom stall, locker room, etc. the it would likely be found to be actionable by court since you have an expectation of privacy in those areas.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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