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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I received a notice from my company that we will now be conducting

Customer Question

I received a notice from my company that we will now be conducting audio/video mystery shops. They want me to sign that I agree to being audio and videotaped, and say I have no choice whether or not to consent. I work for a residential apartment company in Texas.
Submitted: 4 years ago.
Category: Legal
Expert:  Sam replied 4 years ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

What is your question in this regard, please? What information can I provide for you?

Customer: replied 4 years ago.

I received a notice from my company that we will now be conducting audio/video mystery shops. They want me to sign that I agree to being audio and videotaped, and say I have no choice whether or not to consent. I work for a residential apartment company in Texas.


 


This seems like a violation of my rights....is this legal for them to force me to consent to being videotaped without my knowledge?

Customer: replied 4 years ago.
Relist: Other.
He didnt address my question at all??
Expert:  Sam replied 4 years ago.

Hello

 

Thank you and for your patience. As I only now saw your follow up to my info request and so the Answer is

 

It is not a violation of your rights - as long as they are giving you notice of the audio surveillance

 

No notice is required for simple video

Now you do not have to consent. However, you are an "at will" employee and as such they can terminate you for not going along or agreeing to their company Policy.

 

I suggest you can click onto this link which is an employer handbook from the Texas Labor Board and on this issue on or about page 78 it states the following

Video Surveillance • Same basic rules as for telephone monitoring-if only video is recorded, notice and consent are not mandatory (but are a good did - see below)

 

-if audio is recorded, notice and consent are required (for customers, place a notice on the door that the premises are subject to video monitoring) •

Customer: replied 4 years ago.

So if I don't consent they can just fire me?


I honestly don't feel comfortable with the video/audio monitoring...I already am on camera at work, but the whole button-camera with audio thing just seems like a complete invasion of my personal space/privacy.


 


But I guess if I don't like it, my only way to get around it is to find another job. That seems so messed up.

Expert:  Sam replied 4 years ago.

Hello

 

Yes, unless you have an employment contract then you can just be fired.

 

It is as any other policy that they may legally implement. They are not breaking any laws in this regard

 

Expert:  Sam replied 4 years ago.

Hello

 

I am not sure how or why you rated in the negative.

 

I answered all your questions even though it is not what you were hoping to hear, it is true and correct and I provided you with information to support the answer I gave

 

I would appreciate you considering a change of raring as such a negative rating when true and correct information is provided works towards precluding me from helping others

 

Remember, please, I don't write the laws and I am dismayed that you would confuse the message with the messager