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I'm in a situation where I'm looking to sue my ex employer…

I'm in a situation...

I'm in a situation where I'm looking to sue my ex employer for placing business surveillance footage of myself at work on YouTube without my consent. This sort of thing can be tricky to prove considering once I obtain the link to the YouTube page, he could instantly take the page down and put it back up whenever he feel like it. I was wondering if I save the YouTube page on my phone and or computer and also on a camcorder, before he can take it down, will that serve as enough evidence to obtain a court order to get it removed even if he takes the page down?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

I've contacted an attorney who needs to see the evidence but I'm wondering if the aforementioned pieces of evidence will be enough even if my ex employer were to take the YouTube page down?

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

I just have like 2 more questions but I can wait to speak with the lawyer.

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Answered in 5 minutes by:
3/16/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,712
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

As long as you have proof it is being displayed on YouTube and can show on your phone or by taking a video of what is being shown on your computer, that would be evidence that the video exists.

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Customer reply replied 5 months ago
Okay, awesome. I have another question. Say I obtain a court order to get the business surveillance footage removed from a certain YouTube page and then a few months later I discover more footage under another YouTube page can I utilize that same court order to get that additional illegal footage removed?

Thank you for your reply.

The question is whether or not the surveillance footage was 1) on the employer's premises and 2) in an area where there was no expectation of privacy. Even if you prove that the video exists, if the video was taken in a common area of the business, there is no law about publishing that video, even if it contains your image, because the employer owns the video. So you need to establish that they are using your image for financial gain or that it was taken somewhere such as in a locker room or bathroom where there is a legal expectation of privacy to make the video illegal.

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Customer reply replied 5 months ago
Just to make things clear, there was no legitimate reason for the surveillance footage to be placed on YouTube. He put the footage up on YouTube solely to embarrass me and that's simply not what the surveillance cameras at work are used for. For that reason alone I'm able to sue my employer. With that being said, I'm just wondering if I were to obtain a court order to remove illegal surveillance footage of me at work from one YouTube page and I discover more footage a couple of months down the line, am I able to get the additional footage removed with the same court order (being that there was no legitimate purpose for that footage to be placed on YouTube as well)?

Thank you for your reply.

There is no legitimate reason needed. The employer owns the footage and as long as the employer is not using your private image to make commercial gain or profit, the court is likely not going to find it to be illegal. In order for you to get it removed with a court order you have to show they are making commercial gain or profit OR that it is causing you monetary damage. If you are able to get a court order, you an ask the court to order all of that particular footage destroyed and if they find the footage is illegal, then the court will order ALL of the footage destroyed.

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Customer reply replied 5 months ago
With all due respect, it makes absolutely no sense that a legitimate reason isn't needed to post business surveillance footage of employees at work without their consent. There is no way that it is legal to post surveillance footage of employees at work up on YouTube to embarrass them. I understand that in a public place, such as outside or something, that is different, but not in the workplace.

Thank you for your reply.

The employer in FL does not need your consent if you were in a general area visible to public, just like you do not need consent to walk out of your door, take your cell phone and video someone out walking down the street and put it online. They cannot stop you from doing that, just like the employer has a right to have video in open common areas.

They cannot video you in a bathroom, locker room or private office where there is a reasonable expectation of privacy.

You had no reasonable expectation of privacy, which is the standard the court uses, in the common workplace areas and that is something the court will examine to determine if them posting the video is legitimate I am afraid.

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Customer reply replied 5 months ago
Okay, I have one more question. How many days do I have to file a retaliation charge against my employer with the EEOC in the state of Florida?

Thank you for your reply.

You have 1 year to file a complaint of discrimination for continued discrimination/harassment and 180 days to file for a single act. With retaliation, you have the same time period, for a single act of retaliation 180 days from the act and for ongoing retaliation 1 year from the last act.

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Customer reply replied 5 months ago
Okay, I think you pretty much answered all of my questions. Thank you so much.

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,712
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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