Can i use cellphone video as evidence in this case?

[theone19876]

My work place forbid people from using videos to record. They are accusing me of doing something i didnt do and plan to sue me, can i use my cellphone video as evidence in court to prove that i actually didn't do it? Or the evidence will be void because the rule of the company is that you cant record in the company property.

 

[swalsh411]

Explain why you think you will end up in Court over this.

 

[Zigner]

Sorry, this forum is for US law only.

 

[theone19876]

Explain why you think you will end up in Court over this.

because there is money involved

 

[swalsh411]

Oops! I'm slipping.

US Law only.

 

[theone19876]

im in Florida

 

[swalsh411]

So have you been charged with a crime? Or sued?

To answer your question, any evidence you might had will not be dismissed just for that reason. That doesn't guaruntee it will help you, but the Court won't care about the employer's policy. They want to get to the truth.

I still think you're jumping the gun to assume you'll end up in Court playing your little video. The vast majority of employer/employee problems (even those involving theft) don't end up in Court because the person is simply fired and life moves on. Unless we are taking major embezzlement here in which case you need to stop talking to the Internet and get an attorney.

 

[theone19876]

So have you been charged with a crime? Or sued?

To answer your question, any evidence you might had will not be dismissed just for that reason. That doesn't guaruntee it will help you, but the Court won't care about the employer's policy. They want to get to the truth.

I still think you're jumping the gun to assume you'll end up in Court playing your little video. The vast majority of employer/employee problems (even those involving theft) don't end up in Court because the person is simply fired and life moves on. Unless we are taking major embezzlement here in which case you need to stop talking to the Internet and get an attorney.

No i have never been charged with anything. Yes the video clearly show i did not do it but somebody else did. I did not show my employer this video yet because im afraid they might also sue me for recording on their property. Thanks for your answer.

 

[swalsh411]

A lawsuit against you for that would have no merit.

You may be fired of course. (You may be fired anyway). Remember your employer is not a Court of law and they don't have to even give you the chance to tell your side of the story. Even if they know for a fact you didn't do it, they can fire you for doing it anyway and it would not be illegal.

If you are fired, file for unemployment immediately. Do not let them tell you that you won't qualify. They don't make that decision. Unless they can prove the theft to the satisfaction of the unemployment examiner, you will not be disqualified for misconduct.