Is it legal for a customer to post a video of me taking at work?

[Teekeens]

I recently had customers that were reported to be suspicious of shoplifting. I did as I was trained to and continued to remain in their vicinity while they were shopping. The customers decided to record their confrontation with me and post it on Facebook calling me racist. My work has a no video recording on the premises sign clearly posted at the entrance.

 

[quincy]

I recently had customers that were reported to be suspicious of shoplifting. I did as I was trained to and continued to remain in their vicinity while they were shopping. The customers decided to record their confrontation with me and post it on Facebook calling me racist. My work has a no video recording on the premises sign clearly posted at the entrance.

What is the name of your state, Teekeens?

If a sign said "no video recording" and you were recorded, it would violate store policy but not necessarily state law. That said, if there was audio recorded along with video, and you were called a racist either on the recording or in statements commenting on the recording, you could potentially have a legal action to consider ... depending on all facts. This is not to say that a legal action would be worth pursuing, though.

The first step (and the easiest and cheapest step) you can take is to contact Facebook and ask that the offensive recording be removed from its place online.

 

[Teekeens]

Washington. The video was posted with comments of being a racist. They have also taken it upon them selves to put it on every social media outlet there is.

 

[quincy]

Washington. The video was posted with comments of being a racist. They have also taken it upon them selves to put it on every social media outlet there is.

Thank you for providing your state name, Teekeens.

Does the recording show you doing or saying anything that could be considered by some to be racist? What exactly was said?

Here is a link to Washington's recording laws: http://app.leg.wa.gov/rcw/default.aspx?cite=9.73.030

Has your employer seen the video?

Again, your first best step (now steps ) to take is to contact all of the online sites that have the recording posted and request its removal. Whether it will be removed or not depends not only on the site but on the content of the posting. If the video and comments together cannot be viewed as defamatory but rather fair comment and criticism (opinion), you may not have much success in having it removed even with a court order.

 

[Teekeens]

The only thing that was said by myself in the video is that I worked there and have the right to be where ever I would like in the store. I said absolutely not a single thing about their skin color, race or even appearance in any form. My company is well aware due to the fact that this person not only linked my place of employment to the post but posted it on the company's sight as well. I am on stand by until corporate comes to town for a meeting with me. I am fully aware that most likely they will take the path of least resistance and just get rid of me even though I have worked there for over 9 years.

I have tried multiple times to get the post removed and only was told that it doesn't violate community standards.

 

[quincy]

The only thing that was said by myself in the video is that I worked there and have the right to be where ever I would like in the store. I said absolutely not a single thing about their skin color, race or even appearance in any form. My company is well aware due to the fact that this person not only linked my place of employment to the post but posted it on the company's sight as well. I am on stand by until corporate comes to town for a meeting with me. I am fully aware that most likely they will take the path of least resistance and just get rid of me even though I have worked there for over 9 years.

I have tried multiple times to get the post removed and only was told that it doesn't violate community standards.

Were you following the person around and making it known to the person that you were watching him/her? Do you do this with all of the customers in the store or just those of a certain skin-tint?

I am not, by the way, saying and hopefully not implying that, if the above is true, there is anything necessarily wrong with it or that you are a racist. It is just that actions like the ones described above can be perceived by those being followed around a store and/or closely watched by store staff as racist if you are of one race and they are of another.

It is an expressed opinion of what is going on rather than a statement of (true or false) fact - and, as such, not defamatory. Defamation requires the making of false statements of fact. Stating opinions can generally be okay, even if the opinions might be based on false perceptions (there are exceptions).

If you are concerned for your job and you believe the video recording presents you in a false light, however, you might want to show the video and the statements that were made about you to an attorney in your area, for a personal opinion based on the specifics. I am thinking that you probably have nothing to support a lawsuit but I could be wrong.

Good luck.

 

[Teekeens]

I understand what you are saying. The store is part of a huge theft ring that circulates the west coast. We have people walk out of our store with $1000's of dollar on a regular basis. Due to the fact that the company doesn't want to spend money on actual loss prevention teams they put it on the associates to customer services shop lifters out. Any time a group of 3 or more people that exude suspicious behavior like avoiding employees, walking straight to high theft areas, have large bags, etc... We are trained to stay in their vicinity, clean and keep asking them if they need help. Do I think this is the best practice absolutely not. I have been threatened more then my fair share.

I don't want to get involved with these people by suing them. All I am aiming to do is find out if there is any laws that I can use to force these companies to remove the videos. I read the link that you sent me and it says that all party must consent to be recorded. Would this apply to this situation?

Thanks for your help I really appreciate it.

 

[Zigner]

I read the link that you sent me and it says that all party must consent to be recorded. Would this apply to this situation?

It says that all parties to a private conversation must consent. Your conversation was not private.

 

[quincy]

I understand what you are saying. The store is part of a huge theft ring that circulates the west coast. We have people walk out of our store with $1000's of dollar on a regular basis. Due to the fact that the company doesn't want to spend money on actual loss prevention teams they put it on the associates to customer services shop lifters out. Any time a group of 3 or more people that exude suspicious behavior like avoiding employees, walking straight to high theft areas, have large bags, etc... We are trained to stay in their vicinity, clean and keep asking them if they need help. Do I think this is the best practice absolutely not. I have been threatened more then my fair share.

I don't want to get involved with these people by suing them. All I am aiming to do is find out if there is any laws that I can use to force these companies to remove the videos. I read the link that you sent me and it says that all party must consent to be recorded. Would this apply to this situation?

Thanks for your help I really appreciate it.

The "all consent" applies to private conversations (or when there is a reasonable expectation of privacy).

You could argue, I suppose, that the sign posted at the store entrance makes those in the store expect a certain degree of privacy. They might reasonably expect that they won't be recorded. On the other hand, the person recording could argue they were in a public place where there should be no expectation of privacy.

I am not sure on what side the law would fall but I am afraid the other side might have a stronger argument - especially if there were others in the vicinity who could have overheard the conversation and if you knew the person was recording you. If you did not object to being recorded, your consent was implied. A review of the videotape would be necessary to determine this better.

I agree with you that following customers around can be uncomfortable for both the customer and the store staff member required to do the following but I also know it is a common way for stores to operate and it has probably reduced shoplifting.

Again, you might want to have the video and the comments personally reviewed. If your job is in jeopardy because of the video postings, it might be worth the expense. I doubt that you have a defamation claim to pursue but it could depend on how everything is presented online. I hope your store supports you. Good luck.

 

[tranquility]

In this age of the politically correct theory of microaggression, even if one were not to merely have an opinion you were racist, but made a factual claim, I think it likely they could find an expert to show you are--depending on what was done and said.

http://www.apa.org/monitor/2009/02/microaggression.aspx

If you actually get fired, you can certainly seek out legal representation as your damages will rise to the level an attorney may find interesting. Until then, unless you can convince the sites to remove the postings, you have no avenue to pursue. Even with an attorney with the goal of not winning damages but to get the videos removed, I find it unlikely you will show the facts required for such a preliminary injunction on any of a number of levels.

 

[RRevak]

Were the individuals in fact shoplifting?

 

[quincy]

... The store is part of a huge theft ring that circulates the west coast. We have people walk out of our store with $1000's of dollar on a regular basis. Due to the fact that the company doesn't want to spend money on actual loss prevention teams they put it on the associates to customer services shop lifters out. Any time a group of 3 or more people that exude suspicious behavior like avoiding employees, walking straight to high theft areas, have large bags, etc... We are trained to stay in their vicinity, clean and keep asking them if they need help. Do I think this is the best practice absolutely not. I have been threatened more then my fair share ...

On a re-read of this thread, something is striking me as odd.

The store has a "no video recording on the premises" sign posted at the entrance, which should mean that not only are customers not permitted to record in the store but that the store also does not have surveillance cameras.

Why?

If the store is "part of a huge theft ring" and people are walking out of store on a regular basis with "$1000's of dollars" worth of merchandise, the lack of cameras to record customer activity seems to make little sense. In this day of cameras capturing the public comings and goings of all of us, and with the camera-phones carried by a good percentage of the population, it is hard to imagine a store not having some sort of surveillance system beyond store staff observations.

Teekeens, what sort of store is this? I am not at all sure this matters or that previous answers would change, but I am still curious.

 

[Teekeens]

I can not say that they were shoplifting due to the fact that they drew attention by my employees the minute they walked into the store by being loud and acting awkward. For those reason they were not given the opportunity.

The company I work for is a large corporation that is worldwide. It is privately owned. I feel uncomfortable disclosing the name. They have security cameras in the store.

 

[quincy]

I can not say that they were shoplifting due to the fact that they drew attention by my employees the minute they walked into the store by being loud and acting awkward. For those reason they were not given the opportunity.

The company I work for is a large corporation that is worldwide. It is privately owned. I feel uncomfortable disclosing the name. They have security cameras in the store.

Thank you for providing additional information.

It is probably smart that you do not disclose the name of the store. I was mostly looking for the type of store anyway (e.g., adult toys v. children's toy store). How the public reacts to what is seen (or heard) is a factor in defamation/false light claims.

The sign posted at the entrance to the store is a bit deceptive then, isn't it? I suppose it could help explain why the company experiences a lot of thefts, though. Customers, including the thieving kind, probably do not believe the premises are under surveillance.

Because you say that the customers were loud and drawing the attention of other employees, that seems to defeat any "expectation of privacy" argument.

You can run everything by an attorney in your area but I am not sure there is any legal recourse available to you. A personal review of the video could determine this better but I think you might be limited to contacting the sites where the videos appear and hope you (or perhaps the company you work for) can convince them to remove the videos.

Good luck.

 

[OHRoadwarrior]

It is a sign of the times. In the 1940's 18 year olds died in large numbers storming the beach at Normandy. Now an 18 year old will cry over anything. Make sure to review the online video and observe your posture and actions so you are prepared to defend yourself to corporate.