Submitting to candid pictures on the job

[elnet]

What is the name of your state (only U.S. law)? CA


Hello,
Apparently they take photos at work at random for whatever purposes. I don't like my picture taken because I have a former boss that likes to collect my photo to claim that he and I are "friends". (He's been following me since 1994)

I now work at a manufacturing firm and returned to my area and everyone in my area was motioning me to come over and get my photo taken by the "six sigma" lady. I declined and they sent one of the other workers over to tell me that it was required for everyone by the VP, I stayed at my machine. The lady then approached me and showed me that, "everyone" gets their pic taken and showed me various candid shots in and around the plant. I thought about declining, but was wondering what were my options or obligations. They took my photo for a ID badge when I hired in, that I understand is legit, but should I have declined these candid shots, what are my legal grounds for not being terminated if she reported it to upper management, etc. I was wondering if this is something that I should go to HR and file a report about, and if so, is this harrassment? I have noticed a particular section of this company, notably the engineering section that seems to want to take pics of me, one engineer with a smartphone had one pointed at me and then when I looked up he turned suddenly away.

 

[cbg]

You don't have legal grounds for not being terminated if you refuse. In an at will state, which is every state but Montana and sometimes includes Montana too, you can be fired for any reason not specifically prohibited by law, and there is no law saying that you can't be fired for refusing to have your picture taken.

 

[ESteele]

Cbg is right about your lack of legal options based on your at-will employment status. Moreover, your situation does not appear to constitute hostile environment harassment since “candid” pictures are taken of everyone at work and subsequently posted and are not objectively unreasonable. While you have an understandable preference to avoid unwanted photographs based on your prior experience, your reticence does not transform the actions of these “shutterbugs” into harassment.

You may want to confer with HR to let someone know why these unsolicited photos freak you out. The HR staffer may or may not do anything about the situation. Nonetheless, putting management on notice of why you do not want to participate in these workplace hijinks seems prudent.

At the end of the day, though, while manifestly juvenile your current co-workers are not your deranged boss from 17 years ago. Many of these individuals are just currently enamored with their most recent electronic toys. IMHO, if you largely, if not entirely, let this pass without acknowledging to your co-workers your discomfort, they may merely move on to shooting other employees.

 

[elnet]

Ty

Thank you, CBG and ESteele for the information.

I was going to object, but allowed the pic just in case I had no other options as is the case.

Probably the best thing for me to do is to find other employment. When I was hired on, I had to give my word that I wouldn't just take their training and leave. At least now I can use this as an excuse and blame upper management that made me feel uncomfortable with this pic taking, lol, not the $11 measly hourly wage!

To ESteele, your last two paragraphs are what I thought would be the best course of action, at least talking to HR about this.

 

[ESteele]

Thank you, OP.

When you say you “gave your word,” did you sign a written agreement to that effect? In any event, if you believe your employer considers your pledge not to quit early as a contractual arrangement, you will want to consult with a local employment lawyer first to get a better appreciation of your rights and obligations in this regard.

 

[eerelations]

If you signed a contract agreeing that you would repay your training fees if you left before X amount of time had passed, and you then leave before X amount of time has passed, your leaving because you don't like your picture being taken will not relieve you of the training fees repayment obligation.

And keep in mind that most employers insist on taking their employees' photos from time to time, for all kinds of reasons. So moving to another job won't relieve you of the obligation to have your picture taken by your employer.

Finally, I'd like to hear more about this old boss who collects your photos - how does he do this? How will he obtain this Six Sigma photo of you? To whom does he show these photos? And why?

 

[elnet]

About the training...

No, I didn't sign anything relating to repayment. During the interview I was told that they pay low, but expend a lot of time and money training new hires, but then many quickly find other employment as they start at $11 per hour. This company had concerns about my age (48) and the fact that I made over four times that in my prior job.

To eerelations:
Finally, I'd like to hear more about this old boss who collects your photos -

how does he do this?

I don't know how to explain this, but he makes "friends" with, other "engineers", I guess its like he feels slighted that I didn't take him up on his "offer" to go to his house when his wife was away.

How will he obtain this Six Sigma photo of you?

You misunderstand this part, six sigma is a quality system and the lady at the plant that took the picture is the six sigma/iso inspector, it gives her free access to roam the plant. Also, others have taken my photo there, but using the same camera. I noted the engineer there also with the same camera, he came by my station and looked like he was going to take my pic, but I guess thought better of it. It seems that the engineers at this plant would probably email the pic to him. I had one previous occasion whereby someone took my pic (friend of my ex-boss) and posted it to the web against my objections. I only found out after it had been posted.

The other engineer with the smartphone that took my pic also works for engineering.

To whom does he show these photos?

The former co workers for a start, so that he can say that we were and still are "friends", I guess. I haven't had ANY contact verbal, email or other with him since I left that job in 94.

And why?

I believe him to be a closet homosexual and or insane. Probably gets his rocks off by doing this. I worked for him after I graduated high school. Shortly after hiring on, He asked that I come to his house when his wife was away, I declined and he became hostile to me after this incident.