Defamation and Privacy laws violated?

[Just Blue]

Clearly, you don’t get it. You can’t record another persons conversation and exploit that person (period)

"that person" had no expectation of privacy. Nothing illegal was done.

 

[Ricardo71]

First, it appears that any post and link to the video has since been taken down, so no one new can review it.

Second, laws regarding recording vary by state - did you identify your state in the original posting?

Understand that when you are in a public place saying things that can be easily overheard in public, recording is generally not unlawful. You can complain that it's wrong, rude, etc., but that doesn't mean it is unlawful. The recording of a confidential communication is another matter. But, if the person recorded was acting the fool in a place where many could see and hear it, then a recording is usually not against the law.

Thank you. In this case you had an employee having a private conversation, and their headset was on allowing for the customer who drove up to the drive thru recorded and posted a private conversation. Now, he could have easily said excuse me to the employee, but they didn’t. They recorded the conversation, then posted it to FB. Something about this doesn’t add up.
I mean, sure the girl should be cognizant of her surroundings, but geez, to have it posted on Social Media. That’s just wrong.
What if it was your wife, or your daughter talking about a private matter, then published for the whole social media universe to comment.

 

[PayrollHRGuy]

I would tell my wife or daughter that they were stupid to discuss a private matter at work and with a mic a few inches from their mouth.

 

[Just Blue]

Thank you. In this case you had an employee having a private conversation, and their headset was on allowing for the customer who drove up to the drive thru recorded and posted a private conversation. Now, he could have easily said excuse me to the employee, but they didn’t. They recorded the conversation, then posted it to FB. Something about this doesn’t add up.
I mean, sure the girl should be cognizant of her surroundings, but geez, to have it posted on Social Media. That’s just wrong.
What if it was your wife, or your daughter talking about a private matter, then published for the whole social media universe to comment.

There was no expectation of privacy. That girl/woman was working drive up at McD's. she could not have had any expectation that her conversation was private. She was a nitwit for talking that way in work.

 

[CdwJava]

Thank you. In this case you had an employee having a private conversation, and their headset was on allowing for the customer who drove up to the drive thru recorded and posted a private conversation. Now, he could have easily said excuse me to the employee, but they didn’t. They recorded the conversation, then posted it to FB. Something about this doesn’t add up.
I mean, sure the girl should be cognizant of her surroundings, but geez, to have it posted on Social Media. That’s just wrong.
What if it was your wife, or your daughter talking about a private matter, then published for the whole social media universe to comment.

Certainly, the posting of the conversation was a dick move, but, it doesn't sound as if it was recorded or posted online illegally. The customer was in a place they had a lawful right to be, they did not use any devices to enhance the reception of the conversation, and the people having the conversation did so in a manner that allowed it to become public.

Sorry, but as a legal matter, this appears to be lawful.

 

[Ricardo71]

Okay, fair but to exploit another person is not acceptable. It seems just wrong and unethical, and an overall invasion of privacy.

 

[CdwJava]

Okay, fair but to exploit another person is not acceptable. It seems just wrong and unethical, and an overall invasion of privacy.

It may be all of those things, but that doesn't make it unlawful.

The law does not prohibit someone from being a jerk.

 

[Just Blue]

Okay, fair but to exploit another person is not acceptable. It seems just wrong and unethical, and an overall invasion of privacy.

There is nothing illegal or even immoral in what the customer did. The employee was the one in the wrong. Hopefully the huge embarrassment she will feel for the next few weeks teaches her a lesson on how to comport herself at work.

 

[Just Blue]

It may be all of those things, but that doesn't make it unlawful.

The law does not prohibit someone from being a jerk.

The guy that recorded the filthy-mouthed conversation that was bellowing out of the mic was not being a jerk.

 

[Ricardo71]

It may be all of those things, but that doesn't make it unlawful.

The law does not prohibit someone from being a jerk.

I still think there’s grounds for an argument here.
[chart removed]

 

[Just Blue]

You would be wrong.

 

[PayrollHRGuy]

What you aren't understanding is that this was a public place where the person that recored had every right to be and that anyone else near by would have heard as well,

 

[Ricardo71]

I disagree. He could have easily said “excuse me but your mic is on” that simple. In stead he found it to be entertaining, and furthermore took advantage of the situation by posting it on social media.
What do you think the ramifications are going to be for the girl who’s conversation was exploited all over the internet? Forget about the topic discussed, that’s moot

 

[Just Blue]

I disagree. He could have easily said “excuse me but your mic is on” that simple. In stead he found it to be entertaining, and furthermore took advantage of the situation by posting it on social media.
What do you think the ramifications are going to be for the girl who’s conversation was exploited all over the internet? Forget about the topic discussed, that’s moot

Hopefully the filth-mouthed idiot gets canned.

 

[Ricardo71]

Interesting, this conversation she had offends you. You are placing your faith before anything else. That is very interesting, and close minded.