California  |  Employment Law

Legal Question

Asked on: 3/06/13, 5:00 pm

I was employed by a company who after I had been there for about 6 months brought in a mystery shop program on the field sales staff. I was one of those field staff people. They were hired to be sure we were following guidelines, and closing sales. I found out some time later that this mystery shop program was also asked by my employer to photograph us at work with our knowledge or consent. I never signed anything that my image can be used or that my company or an outside company could take my picture. i was uncomfortable with this and one day at work on a sunday 2 young men appoached me and I did a sales presentation to them just as i would with any other customer. They carefully snapped a few photos of me while I was doing it hoping not to be seen but i saw them. these men were very rude, obnoxious to me and i did not like it at all. the next day I called my boss to tell him about the unpleasant experience I had with these soppers and he said they were not mystery shoppers. I assumed they were because of the photos. Now I felt very uncomfortable and told my boss that I was very uncomfortable and did not wish to photographed any longer while at work because I have no idea who these guys were and what they might do with the photos. he shrugged it off and the next day my boss called HR and told them I was disgruntled with them and I was looking for a lawsuit . sLong story short I was harrassed for the next 2 months. Hr called me asking me if and when I was going to resign and my boss asked for my resignation as he put it becaue I am so unhappy with my job, I loved my job and i was a top producer in the company. I was even used without additional pay to train new employees. I even have a letter praising me from the store manager where I worked most often. How is that unhappy? He equates my unhappiness with the fact that I was not promoted prior to that and yes I was disappointed but not to the point that he makes it out to be. I went for that same job back in August and I did not get it and still had an amazing 4th quarter in terms of sales. Is a company allowed to hire a third party to photograph you without your consent? is this grounds for a class action suit? I was not really looking for a lawsuit but the harrassmet got so bad that I ended up resigning last thursday. they were late getting me my final check which finally came today but still not disgruntled. I just think that it is very worng to photograph someone without their knowledge or consent. What does the law say?

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