Videotaping Employees

Question: I was recently asked if it is alright to videotape your employees at work and if it was OK to fire them based on the results of the tape.

Response: My response is be very careful.  If you feel you must videotape, I suggest that you provide all employees with a written notification that two weeks hence and thereafter, cameras for videotaping the workplace will be installed.  I would also provide the employees with a rationale for the videotaping.  I caution the employer about videotaping in “private” areas such as restrooms, changing rooms, lactation rooms, showers, etc.

As to whether or not you could or should fire employees based on what you saw on the tapes, I strongly suggest that you consider conducting an old school in-house investigation.  You may find that what you saw and heard may not be the whole story.

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