Can my employer photo graph me while im at work without my permission and use them against me?

Asked 8 months ago - Erie, PA

the forman took a photo on a company cell phone of another employee and they now want to use the photo to give him time off for wrong doing. The company policy is no cameras are allowed in the building and anyone caught taking photos can and will be terminated. they seem to think they don't have to follow there own company policies.

Attorney answers (3)

  1. Christopher Edward Ezold

    Pro

    Contributor Level 17
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    chosen by asker

    Answered . I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, the employer can take pictures of employees. The employer does not have to follow its own policies, either - as unfair as that sounds, it is not illegal.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My... more
  2. Jon Anthony Dieringer

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Yes, generally the company may photograph you while at work. And yes, a foreman may take a photo for company purposes. Those policies are designed to focus employees on performing work and preventing photographs by workers. The policies against photographs are the company policies, which do not apply against the company, so the company may take pictures.

    But what are your concerns? An employer may use your photograph for business purposes, but perhaps it goes too far if your photo is used in an advertisement without your consent.

    This information should not be considered legal advice or a legal opinion, and it does not create an attorney-... more
  3. Golnar Sargeant

    Contributor Level 19

    Answered . You have no legal expectation of privacy at work. Therefore, other than the bathroom and the designated area for changing clothes, you can be audio recorded, video recorded, and photographed without your consent and without notice. Your employer's actions are perfectly legal. There is no such thing as workplace privacy in the United States. This person's violations of the employer's policy of "no cameras" is just that--a violation of work policy (for which he could be disciplined) it is not a violation of the law.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute... more

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