i admit i was smoking marijuana in my car.
i work two jobs.. this job 11 hrs some days.
no management for half this guys shift.
a week when i was coming in early another manager came in early caught him and others in his car on the clock.
he got in trouble.. happened before the weekend..
next week he records me in my car and turns in said video to hr..
i assume he thinks i rat on him.
hr hits me up today saying they saw me on so and so video smoking weed in the parking lot..
dont show me video when i ask but say will tomorrow...
is this harrassment? can they use this guys video to incriminate me at the workforce?
yes i admit i did what i did ima man..
but is it legal?
main boss is coming tomorrow... not sure what i should do..
What should you do?
Prepare to be fired. Stay offline with any further admission of drug use.
No expectation of privacy at work in most circumstances.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE ATTACHES, FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
If you are in "public view" you can be recorded. In other words, if you are sitting in the car in the parking lot and someone films you sitting in your car in the parking lot, that is legal.
You need to discuss this with an employment law attorney. I will repost this matter under the right category.
There is no constitutional right to privacy from being videotaped while smoking weed in a parking lot. Whatever this co-worker's motivations are, once the employer learns you were committing an illegal act, not to mention being high at work, it has more than enough reason to fire you. You have no legal recourse in this scenario.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
No, it's not harassment, and yes, the video can be used to incriminate you. If you returned to work high, this incident is going to be very problematic for you. I am sorry.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
You don't have a right to privacy when doing something that is in public view. Recording you in public (a parking lot is clearly a public place unlike your living room) is not a privacy invasion nor harassment. The fact that you can be seen inside the car through the glass windows is also not a violation of privacy as the ability to view your actions from a public vantage point makes it a public act. So legally your privacy was not violated, nor were you harassed. I don't see how you could legally fight this one.
My comments here should not be considered a replacement for brining more detailed facts about an issue to a lawyer who practices in the area of law in question. Answers given here do not create an attorney-client relationship. My answers are directed only at California matters.
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