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Can my employer (a dentist) force the employees to send

Can my employer (a...

Can my employer (a dentist) force the employees to send videos of ourselves in the workplace to our patient's cell phones? for instance, a welcome video or treatment video?

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

Indiana (fishers) close to indianapolis

Lawyer's Assistant: Has anything been filed or reported?

No, he is wanting us to start the videos this week. We are all women and we already have a reminder system in place (has been for a number of years) to remind them of appointments and they also receive birthday greetings along with monthly newsletters. We are not comfortable taking selfie type videos and sending them to our individual patients. He is wanting us to send them to their personal cell phones. The patients have not signed any kind of consent that they want to receive such videos. We don't see the necessity of it and are uncomfortable having our face/video in their possession and also once they have it they can send it on to anyone. We may not even know to who either.

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

Sorry, should have asked...is there a charge for this?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

How much as we anticipating it to be after the $5 deposit and how long does it take to receive a reply?

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Answered in 2 minutes by:
3/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Just so you're aware, it's $5 for a deposit that is non-refundable, approximately $37 for your written interaction with me, and there is a chance for you to have a $59 phone call with me if you'd like. If you're okay with that, would you like to continue?

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Customer reply replied 1 month ago
hi, just a written response is all I need at this point. Thank you.

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 1 month ago
ok, thank you.

Thanks for your patience. Although I can completely appreciate and understand your concerns, the sad part is that the employer is allowed to do this. An employer can have an employee do anything that they want, so long as it is legal, reasonably safe, and so long as they pay them for all hours worked. So long as it is in connection with your employment, the law doesn't require your specific consent to do this. The patients also don't need to provide their consent either.

My recommendation would be to explain to the dentist that this is going to cause more harm than good. The patients and employees will probably not like this and it would also take away valuable time from training and development that could better suit the patients rather than videos about appointment reminders. Although the idea is creative, it may be troubling.

What other questions did I have for you today?

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Customer reply replied 1 month ago
I guess I don't understand how he can force us to send a personal video of ourselves to their personal cell phone before the patient says OK to doing so? The already implemented reminder system had the patients to Opt In their consent to their personal preference in which the would like the reminders sent...email or text message, or both. They have the ability to Opt Out at any given time. As a patient, if it were me receiving these videos, I would think they were annoying and especially if I did not consent to receiving them, with no way of opting out of getting more. What if a patient is a "creeper" and thinks one of us is sending them for other reasons? What if a spouse is upset with the other receiving them? My personal recommendation is if the doctor wants to send a welcome video to his patients, that is his choice, but to ask the women in the office to send them is putting us out there for anything to become of it, and once it's out there, there is no getting it back, ever.
The videos he is wanting us to send them isn't appointment reminder videos. They are welcome videos, post op treatment, and birthday videos. Some of the most respected doctors I know, do not need such a means to drum up more business, nor would they want to subject their employees to such uncertainty. any recourse other than the response you previously sent? just curious...it's very uncomfortable. sorry to dwell on here.

Please believe me when I say I understand your concern. I personally think it's a terrible idea; however, if the customers have the option to opt in or out of this, then they have the protections afforded to them under the Telephone Consumer Protection Act. The doctor should make the videos themselves and then just have that copy sent out instead of having the staff do it. He could make several copies of the different kinds of videos he needs. Although legally he can have his staff do it, keep in mind that he cannot physically force you to do it. So, you can basically show him his options to either a) force you all to do it or b) lose his staff (if he threatens to fire you).

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One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

If he's willing, perhaps he could hire some voice actors or stage actors to do it for a small fee. They could get more out of the process and he may have a happier staff. Did you have any other questions for me about this today?

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Hi, just following up. Did you have any other questions for me today?

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Customer reply replied 1 month ago
No, but thank you for the information and your time. I appreciate the quick response.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

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