Nude photos sent to employer by third party

[DaveAsking]

What is the name of your state?What is the name of your state? Texas

I have an employee who had nude photos of herself sent to random people at her workplace by a third party. This is a K-12 Public School. The photos were taken by her husband and somehow came into the possesion of a third party, (Female) who has animosity towards this employee. The photos were sent with the obvious intent of defaming and humiliating the individual.
Does the employee have any personal legal recourse?
Although we do have an attourney on retainer, is there anyone here that might have special knowledge in what recourse we as an employer might have against this individual? I am sure that there just has to be some legal action we can file.
Thank you in advance for your time.

 

[JETX]

Does the employee have any personal legal recourse?

Other than a very expensive (and questionable) lawsuit as to damages due to privacy, probably not. And it is not defamation as the 'truth' is not libel or slander.

what recourse we as an employer might have against this individual?

You, as a third party, have even less 'rights' to action.

I am sure that there just has to be some legal action we can file.

Why?? Though you don't appear to have any rights to action, even if you did, all it would do is to extend and publicize the issue.

 

[DaveAsking]

Thank you for replying.
I wonder if the options available to us would be different if it were snail mail?
Anyway, I think that sending obscene(?) material to a public K-12 school district would have some sort of communal distaste to the point of creating a law against it, but I guess I am wrong...
Again,
Thanks for your time.

 

[JETX]

I wonder if the options available to us would be different if it were snail mail?

Depending on the actual graphic content, probably not.

Anyway, I think that sending obscene(?) material to a public K-12 school district would have some sort of communal distaste to the point of creating a law against it, but I guess I am wrong.

'Normal' nude photographs are not considered obscene by law. Now, if there were children or animals, or other far more graphic scenes, that MIGHT be actionable. Further, though you seem to keep imposing the 'public K-12 school district' issue... the fact remains that the photos were never seen by any of the students, correct?? As such, the photos received by an adult in the mail is not near as 'offensive' as you keep trying to assert.

 

[BelizeBreeze]

I agree with Jet as to his answers. However, a review of your employment contract with the party who sent the materials (IF that can be proven) and a formal review by your in-house attorney as to any moral issues resulting from the incident should be undertaken immediately.

My review of many educator contracts reveals very stringent 'morals' clauses which can be invoked under such circumstances.

The operative word here is caution and therefore a full review by the in-house attorney is warranted.

 

[JETX]

a review of your employment contract with the party who sent the materials

There is nothing in the OP to indicate that the sender was an employee. In fact, the OP references this sender as "by a third party".
Other than that, your post was perfect!!

 

[BelizeBreeze]

There is nothing in the OP to indicate that the sender was an employee. In fact, the OP references this sender as "by a third party".
Other than that, your post was perfect!!

Before we cotinue this debate, don't you think we should view the 'offending materials' for relevance?

 

[HomeGuru]

Before we cotinue this debate, don't you think we should view the 'offending materials' for relevance?

**A: no, as it is clear that viewing the evidence wil not change JETX's opinion.
The bare facts have already been provided.

 

[DaveAsking]

It would probably not be a good idea for me to provide samples at this point though I do understand that a more detailed examination of the material would help in your analysis.
I appreciate your input. Right now, only the "victim", a few receivers, and myself know about this. It was brought to my attention at the end of the day Friday, and I informed the "victim" that I would need to carry this up the chain of command in order to obtain a visit from our attournies.
I wanted to have at least some clue on legal standing prior to Monday, and I think you have given me a good base to provide information prior to engaging our legal folks.
Apparently the third party received these pictures from the victims husband. I don't know any more other than to make an educated guess that her husband is apparently about as bright as a small appliance bulb.
Thanks again, and I will continue to follow this thread should it keep going.

 

[stephenk]

hubby's having an affair with the lady who sent the photos, right?

 

[Rhubarb297]

There is nothing in the OP to indicate that the sender was an employee. In fact, the OP references this sender as "by a third party".
Other than that, your post was perfect!!

Wow, the pot complimenting the kettle for being black. I can't think of two non-lawyers who know less about the law than JETX and BelizeBreeze. If this guy is taking advice from you two he deserves what he gets.

 

[I AM ALWAYS LIABLE]

Wow, the pot complimenting the kettle for being black. I can't think of two non-lawyers who know less about the law than JETX and BelizeBreeze. If this guy is taking advice from you two he deserves what he gets.

My response:

The Indiana idiot, RheeTard, strikes again!

IAAL

 

[JETX]

Wow, the pot complimenting the kettle for being black. I can't think of two non-lawyers who know less about the law than JETX and BelizeBreeze. If this guy is taking advice from you two he deserves what he gets.

Yep, Re-Turd, the forum troll, dribbles another ignorant post to the forum.

 

[BelizeBreeze]

Wow, the pot complimenting the kettle for being black. I can't think of two non-lawyers who know less about the law than JETX and BelizeBreeze. If this guy is taking advice from you two he deserves what he gets.

And again, idiot comment without any supporting reference. Or is this your vain attempt at racial humor?

Go smoke another cornsilk cig and wait for the second coming of your intelligence.

 

[seniorjudge]

The photos were taken by her husband and somehow came into the possesion of a third party, (Female) who has animosity towards this employee.

Please post the date, time, and place of the school board meeting where this will be discussed. I will be there. You will recognize me by my stone-gray in color bulletproof vest.