What would be considered slander

[Kastor]

So I was working inside of a walmart I don't work for them i was going to lunch off the clock and saw ambulances and police officers outside, I took my phone out and went to take a picture of the ambulances and was rushed by walmart management and told me to delete the photo I did, then they proceeded to tell me that i wouldn't be working there anymore and my boss told me i should probably transfer is kind of the gist of it. (P.S. there were already newscasters on the scene) My question is I guess one of the walmart managers are saying false information about what I did and people are coming to me pretty angrily nothing i can't handle though, I was told i wouldn't be able to work in that store anymore but the one assistant manager is now telling employees that they shouldn't even let me in store. I thought taking pictures was a first amendment right and was wondering can the store banish me from it when i didn't do anything i guess illegal. Also is there any legal action I could take against the one manager. Mainly saying i was causing issues and laughing and joking about a tragedy that occurred that day. I don't like causing to much trouble but i would like him to stop telling people lies about me to my friends and my employers.

 

[Just Blue]

So I was working inside of a walmart I don't work for them i was going to lunch off the clock and saw ambulances and police officers outside, I took my phone out and went to take a picture of the ambulances and was rushed by walmart management and told me to delete the photo I did, then they proceeded to tell me that i wouldn't be working there anymore and my boss told me i should probably transfer is kind of the gist of it. (P.S. there were already newscasters on the scene) My question is I guess one of the walmart managers are saying false information about what I did and people are coming to me pretty angrily nothing i can't handle though, I was told i wouldn't be able to work in that store anymore but the one assistant manager is now telling employees that they shouldn't even let me in store. I thought taking pictures was a first amendment right and was wondering can the store banish me from it when i didn't do anything i guess illegal. Also is there any legal action I could take against the one manager. Mainly saying i was causing issues and laughing and joking about a tragedy that occurred that day. I don't like causing to much trouble but i would like him to stop telling people lies about me to my friends and my employers.

Kastor...Can I call you Kastor or would you prefer Mr Oil? P) ...Please google up "!st Amendment" and read it. No where in the 1st amendment does it mention taking photos. There is no legal action you can take and win against the manager. Next time you see a tragedy and think of pulling out the cell to film it...think how you would feel if something bad happened to you and a bunch of yahoos started filming it for their own amusement.

 

[Eekamouse]

"Ghoul" would have been a more appropriate member name, IMO.

 

[Zigner]

Walmart is free to ban anybody they want, so long as it is not for a protected characteristic such as race, gender, etc.

 

[quincy]

So I was working inside of a walmart I don't work for them i was going to lunch off the clock and saw ambulances and police officers outside, I took my phone out and went to take a picture of the ambulances and was rushed by walmart management and told me to delete the photo I did, then they proceeded to tell me that i wouldn't be working there anymore and my boss told me i should probably transfer is kind of the gist of it. (P.S. there were already newscasters on the scene) My question is I guess one of the walmart managers are saying false information about what I did and people are coming to me pretty angrily nothing i can't handle though, I was told i wouldn't be able to work in that store anymore but the one assistant manager is now telling employees that they shouldn't even let me in store. I thought taking pictures was a first amendment right and was wondering can the store banish me from it when i didn't do anything i guess illegal. Also is there any legal action I could take against the one manager. Mainly saying i was causing issues and laughing and joking about a tragedy that occurred that day. I don't like causing to much trouble but i would like him to stop telling people lies about me to my friends and my employers.

What is the name of your state?

There is nothing in what you describe that is illegal from an employment standpoint. You generally can be fired for any reason and you can be banned from a store.

If you were photographing an accident/injury victim, that could be considered an invasion of the victim's privacy. Even in public places, there can be an expectation of privacy.

If you were interfering with the work of the ambulance crew, that could be considered a crime.

If what people were and are saying about you is true or substantially true, it would not be defamation, even if the statements cause injury to your reputation.

Just because you have the ability to take pictures wherever you go, thanks to cell phone cameras, common sense should guide you on what is acceptable to photograph and what is not. You appear to have strayed into "not acceptable" territory.

 

[xylene]

Kastor...Can I call you Kastor or would you prefer Mr Oil? P) ...Please google up "!st Amendment" and read it. No where in the 1st amendment does it mention taking photos. There is no legal action you can take and win against the manager. Next time you see a tragedy and think of pulling out the cell to film it...think how you would feel if something bad happened to you and a bunch of yahoos started filming it for their own amusement.

Please, you know the 1st amendment applies to many types of communicative activities not mentioned by name in the constitution. Is the government free to censor documents printed with a laser printer or thermographic paper?

Perhaps, just perhaps there is a valid communicative intent in showing ambulances at a public place... a public place like Wal*Mart, one WIDELY KNOWN for being a major source of public disturbance and utilizing a disproportionate share of public safety resources.

Of course that isn't a defense to being fired(?) or transferred to another store. But this manager and Wal*Mart should consider carefully the reputational injury to Kastor in being publicly outspoken about why he was discharged and consider carefully why exactly he is been given a trespass order for this store, and if they wish to enforce such an order how public do they wish to be in alleging nefarious misconduct on Kastor's part, something not establish by the act of taking a video of ambulances.

 

[Zigner]

Please, you know the 1st amendment applies to many types of communicative activities not mentioned by name in the constitution. Is the government free to censor documents printed with a laser printer or thermographic paper?

Perhaps, just perhaps there is a valid communicative intent in showing ambulances at a public place... a public place like Wal*Mart, one WIDELY KNOWN for being a major source of public disturbance and utilizing a disproportionate share of public safety resources.

Of course that isn't a defense to being fired(?) or transferred to another store. But this manager and Wal*Mart should consider carefully the reputational injury to Kastor in being publicly outspoken about why he was discharged and consider carefully why exactly he is been given a trespass order for this store, and if they wish to enforce such an order how public do they wish to be in alleging nefarious misconduct on Kastor's part, something not establish by the act of taking a video of ambulances.

They don't have to say anything in order to enforce such an order. The OP has no constitutional right to shop there if the store doesn't want him there.

 

[quincy]

I agree that taking a video or photos of an incident occurring in a public place would generally be legal.

It appears that more was going on that led to WalMart's reaction. What that "more" is would need to be known to better determine if Kastor violated any law. It doesn't appear that WalMart did.

 

[PayrollHRGuy]

This isn't a First Amendment issue. It isn't the government at any level limiting the OPs rights.

 

[quincy]

It appears to be WalMart exercising their legal right to ban an individual from their premises.

 

[xylene]

They don't have to say anything in order to enforce such an order. The OP has no constitutional right to shop there if the store doesn't want him there.

The store could legally fire or reassign Kastor for looking at the ambulances, or not looking, or myriad other reasons.

I'm not convinced that Wal*Mart can ban anybody for any reason, I'm sure they might like to ban a number of their outspoken critics... BUT being an ex / fired employee IS a great reason to exclude someone...

However, the store manager/management has no right to defame Kastor by alleging a crime or untoward or unsavory behavior that did not occur in the course of filming emergency services at Wal*Mart.

I'm quite confident that Wal*Mart's hypervigilance about scrutiny over issues in the store is not born out of some dubious privacy rights for the injured, but of protecting corporate reputation, something with which this chain has tremendous problems about given the reality of heavy utilization of public safety resources in and around their facilities nationwide.

 

[Zigner]

The store could legally fire or reassign Kastor for looking at the ambulances, or not looking, or myriad other reasons.

OP is not an employee.

I'm not convinced that Wal*Mart can ban anybody for any reason, I'm sure they might like to ban a number of their outspoken critics... BUT being an ex / fired employee IS a great reason to exclude someone...

They can't...but they can ban anybody they want for any reason that's not a protected characteristic.

However, the store manager/management has no right to defame Kastor by alleging a crime or untoward or unsavory behavior that did not occur in the course of filming emergency services at Wal*Mart.

Ok, but I'm not convinced that what the manager (may have) said actually rises to the level of defamation.

I'm quite confident that Wal*Mart's hypervigilance about scrutiny over issues in the store is not born out of some dubious privacy rights for the injured, but of protecting corporate reputation, something with which this chain has tremendous problems about given the reality of heavy utilization of public safety resources in and around their facilities nationwide.

Ok, but that doesn't change the fact that they can ban the OP from the store.

 

[quincy]

We were not provided enough facts to determine if there was any wrongdoing by WalMart. To the contrary, what was provided seems to support WalMart's rights.

I see no actionable defamation.

 

[Kastor]

Right alright appreciate the insight i thought i didn't know what was happening until after it came on the news but i thought it was legal to video law enforcement or media like i said newscasters already there other people were taking photos it just that i technically worked inside of the store that they wanted me to be removed from the premise if i were to (not a very good description as i don't know how to really word his words appropriately) honestly my boss wanted me to stay in store but i decided with the relationship of the store as it sits at that moment it was a good option to transfer. Appreciate the insight i'll just deal with it my boss doesn't really care what he says anyways but people be trying to fight me over something i didn't even know happened. Also wasn't told I was banned my friends said that the one assistant manager doesn't want me there. I just don't wanna cause a huge amount of trouble if I don't have to but it seems he also is trying to remove my co-workers from the store as well.




Also when i googled if it was illegal to take photos:
"For the most part, your right to take photographs and video in public places in the United States is protected under the First Amendment under free speech. This includes snapping pictures of your favorite monument when you're on vacation or taking part in a little citizen journalism. It's not as cut and dried as you may think and it's good to know your rights and the caveats that come with them."


Also if Kastor feels to formal Kas is fine

 

[quincy]

There are, indeed, caveats that come with video recording and photo taking.

The legal problems that arise from video recording or photo taking most often come from their publication but legal issues can also come from just the video recording and photo taking. You are not free to take pictures or videos in all places or under all circumstances.

Good luck with your job transfer.