Illegal video taping???

[rp3337]

What is the name of your state? VA

I was terminated after 12 years of senior level Management with a proven record of exemplary performance. I was involved in terminating a Manager that then had her cousin follow me and video tape me for months. On the day of my termination I was emotional about a Dr. visit and I went to lunch with another Manager. He hugged and kissed me and this was all on videotape. I called the police and they asked him if he was taking pictures of us and he said no. Within an hour the video was at my Company and myself and the other Manager were both fired for fraternization, which the policy is very vague. Is this type of videotaping legal and can a Company use it to terminate employment.

 

[VeronicaLodge]

if you were in public, the taping is legal.

did you have a contract or were you in a union where you worked? if not, you were probably an at will employee and they can fire you for any reason or no reason so long as it is not an illegal reason.

 

[Beth3]

Agreed. If you were in a public place, then photograhing/video taping you is legal. (If it weren't, then all the paparazzi would be out of business.) Yes, your employer can use the video tape to terminate your employment.

That said, you may want to speak with an attorney to see if you might have a claim against the employee and/or her cousin for stalking, intentional interference, or something of that sort.

 

[rp3337]

illegal video taping??

Yes, we were in my car in a public park because my employer told me that I should not go to a private location with another gender due to the perception. Also, when I noticed him and went up to him he had the audio portion rolling the entire time. I was not able to view the video however, I was told when terminated that they could tell that I was very upset by what I was saying to the man when I caught him. I told them that of course I was upset, I had just come face to face with a man that had been following me and frightening me for 3 months.

 

[Beth3]

Yes, we were in my car in a public park because my employer told me that I should not go to a private location with another gender due to the perception. Um, two coworkers of the opposite gender together in a car parked in a park is absolutely going to give the wrong perception. I doubt being together in a car in a park is what your employer had in mind when they said the two of you should not be in a private location. I've driven though a few public parks over the lunch hour and just about every couple in a car is going at it. I can only guess that your employer terminated you for your poor judgment. Had the two of you been at a table in a restaurant, that would have been an entirely different matter.

If you were being stalked, you can file a complaint with the police and speak to an attorney about any civil recourse you might have.

 

[mitousmom]

Yes, we were in my car in a public park because my employer told me that I should not go to a private location with another gender due to the perception.

When and why did your employer tell you not to go to a private location with another gender due to perception? Are employees allowed to fraternize with members of their own sex?

 

[rp3337]

Illegal Video Taping??

The reason that my employer told me to not go with another gender is because the woman who was fired had tried to claim that I had had a relationship with other men and when the investigation was complete there was no evidence of this - nor did it happen. You are correct, fraternization cannot occur between same gender as well. She had claimed this of other Managers as well - without any evidence of wrongdoing as she had a very personal vendetta against anyone that had anything to do with her termination. I did tell my employer that I do have lunch with this other Manager at least once per week when the investigation was originally done. That is when they stated was to not go to a private location or leave together, which we did not. Also, during the video taping, and after I caught him and went up to him to ask him what he was doing, the audio was running the entire time and my empoyer told me that they realized that I was upset by the way that I spoke to him. I did not think you could audio tape someone without their consent.

Also, I did not post this to be judged. I posted it to get a professional, objective response and advise. If you want to judge me, or others, please do not even bother to respond.

 

[mitousmom]

Also, I did not post this to be judged. I posted it to get a professional, objective response and advise. If you want to judge me, or others, please do not even bother to respond.

I'm not sure how you meant that statement. You are asking us to make judgments about your employer, your ex-co-worker, and her cousin, but not you. A professional objective response and advise, all requirement that we give an opinion after considering the facts and the requirements of the EEO laws, i.e., judging.

You broke a company rule that applies regardless of sex. You were caught being kissed and hugged by a male co-worker after being accused previously of having a "relationship" with him. Your employer gave you instructions on how to avoid the perception that you two were fraternizing, but you weren't fired because of a perception. You were fired because of your behavior. Both you and the male were terminated, even though he apparently didn't approach the man video-taping.

Unless, your employer has treated an employee not of your race, sex, religion, national origin, or color more leniently than it treated you under similar circumstances, I don't see a violation of the EEO laws. It seems that your ex-co-worker retaliated against you because she was fired, but that's not illegal nor does it make your employer's decision to terminate you illegal.

 

[rp3337]

Illegal video taping??

The judgement comment was not meant towards you. I did make a bad call - I am not disagreeing to that. However, I have the names and details of 7 men, in senior level positions, that were caught (not on video tape by a disgruntled ex-employee) by others and reported and all 7 of them have remained with the Company, kept their jobs and most have even been afforded the opportunity to promote since then. The most recent was approximately 4 months ago - he was caught fraternizing, turned in and all that happened was his region was realligned. That was all that I was requesting was the opportunity that all of these men had. I have not gone as far as to list them as I did not want to go there but at this point I guess I have nothing to lose...for the exception of my pride I guess. Just wanted to know if there was anything illegal against the video and audio taping before I went there.

 

[Beth3]

Now THAT'S information that may be useful. If you, as a female, were singled out and terminated for "fraternizing" but a number of men you work with engaged in the same (or more egregious) behavior and weren't terminated, you may have a claim for sex discrimination based on the disparate treatment. You may want to speak to an employment law attorney and get an expert opinion.

 

[rp3337]

Illegal Video Taping??

Thanks Beth - the part that is holding me back is that I truly have respect for each of these men, knowing 6 of the 7 professionally. I understand that what they did was not right and unfortunately probably got caught up in the moment, as with my incident, but they are wonderful leaders and I have never been a fan of those that cannot move on and choose to sue or file charges. The only difference between them and me is that I am female and single and they are not, which there is no policy against (single part). However, I appreicate your advice - now I just need to decide what to do with it because I am 100% positive that if I move forward with the details that I have, I will have a case against them. Just not sure if it is all worth it.

Thanks!

 

[ShyCat]

Well, the difference in treatment may be that you were warned and did it anyway. The men may have stopped misbehavin' as soon as they were warned.

 

[rp3337]

Illegal video taping??

Only suggested should not to go to a private location, like a house, and leave together due to perception only, was informed you can go to lunch with whomever you want to - no documented warnings what-so-ever.

The policy reads that warnings are not required. However, the policy also reads that you cannot have a romantic relationship with someone that you write their evaluation and/or have direct reporting status to. I had neither with this individual. I do not even view his evaluation until it is given to me to add to his file after it is administerred.

I truly believe that I was treated differently because they saw that the level of exposure with this other woman that was terminated was greater than they assumed my level of exposure could be.

 

[mitousmom]

If you believe that you were treated differently than the males because of your sex, you can file a charge with EEOC or your state agency.

Because you can point to several males who were not fired for fraternizing, you can establish a prima facie case of sex discrimination. However, there may be a significant hurdle in prevailing because your employer also fired the male with whom you were fraternizing and I'm assuming that if your employer didn't fire the other males who were caught fraternizing, it didn't fire the females either.

 

[eerelations]

Somehow there seems to be a difference (to me anyway) between eating lunch together at a table in a public restaurant, and sitting together, possibly hugging, in a parked car in a park.