Legal Question in Employment Law in California

I am a commercial driver. During a break between runs, I had a short nap in a car. Another employee took a photo of me sleeping and later on did show it to a number of coworkers and our director, impliyng that I perhaps violated some discipline. Director never spoke to me about it, but coworkers told me about it.

How legal are actions of employee who took picture of me?

If it is illigal, what can I do about it?

Asked on 9/12/13, 10:35 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry
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I see no reason why taking a picture of someone taking a nap would be illegal.

Now, using the picture to intentionally harm someone might have some civil law consequences, but you would need to show something in the way of damages. I see no damages here (your embarrassment is not sufficient for a lawsuit).

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9/12/13, 10:48 pm
Frank Natoli Natoli-Lapin, LLC
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I don't think I could add much to Attorney Perry's answer. The only other thing I would add is that it is possible that his use of the photo could amount to a claim of defamation as well if for example he was using it to mislead someone into thinking you were doing something you were not and that action caused you some kind of harm, like if he sent it to your boss to imply you were sleeping while on the clock. But if you were sleeping on the clock then you would have no claim.

You need to remember that the courts need a way to remedy your claim. If you yourself did not suffer any damage (got fired, lost money, your wife divorced you, etc.) then taking someone to court would not be very productive.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

frank@lanternlegal.com

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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9/13/13, 7:49 am

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