View Full Version : Taking a picture while at work, illegal?
grphx
30th of April 2009 (Thu), 11:54
Is it illegal to take a picture at your work(in this case, a tool store) if there is no posted signs or writen documentation when you start your job? I'm pretty sure it doesn't say anything on your hire-on package that states you can't take photos while at work, or at your work.
My girlfriend is getting flack from her work because she took a picture of a coworker, and it was okay with her coworker for them to take the picture, then she posted it on her myspace. The picture is completely innocent and nothing is wrong or incriminating or embarrassing.
hawkeye60
30th of April 2009 (Thu), 11:57
It's private property and the owners/employers make the rules. If they say no pictures allowed, then it's no pictures allowed regardless of no posted signs or written rules.
grphx
30th of April 2009 (Thu), 12:16
Alright thanks. I just thought it was kinda harsh that she's getting wrote up for this, and no warning or anything. I guess some people really don't like their picture being taken.
jgrussell
30th of April 2009 (Thu), 12:20
I guess some people really don't like their picture being taken.Even more people don't want their picture posted online without their permission.
dollei
30th of April 2009 (Thu), 12:28
I think the OP's gf's coworker was fine with her picture being taken?
grphx
30th of April 2009 (Thu), 12:41
I think the OP's gf's coworker was fine with her picture being taken?
Yeh and most of the pictures weren't of people, they were just of random shots of the store.
DDCSD
30th of April 2009 (Thu), 12:45
She probably got in trouble for not working while she was at work. It just so happened that she was taking pictures instead of working in this case.
I'll bet its not the pictures that they are unhappy about. It was that she was screwing around instead of working...
superdiver
30th of April 2009 (Thu), 12:50
it is harsh and unreasonable, but it is theior property and they can be as unreasonable as they want... thats the benifits of paying the mortage..
chauncey
30th of April 2009 (Thu), 13:22
My question is "how does it concern you"?
xoldboy
30th of April 2009 (Thu), 13:52
just ask the owner and they should be fine with it, most people usually are.
argyle
30th of April 2009 (Thu), 18:09
Is it illegal to take a picture at your work(in this case, a tool store) if there is no posted signs or writen documentation when you start your job? I'm pretty sure it doesn't say anything on your hire-on package that states you can't take photos while at work, or at your work.
My girlfriend is getting flack from her work because she took a picture of a coworker, and it was okay with her coworker for them to take the picture, then she posted it on her myspace. The picture is completely innocent and nothing is wrong or incriminating or embarrassing.
Doesn't matter if it's innocent or not. First of all, she's getting paid to work, not socialize and take pictures. Second, most (if not all) employers prohibit the use of cameras on their premises unless the shooter has their explicit approval to do so.
Alright thanks. I just thought it was kinda harsh that she's getting wrote up for this, and no warning or anything. I guess some people really don't like their picture being taken.
It's not harsh, and it has nothing to do with some people not wanting their picture taken...the employer gets to make the rules.
Yeh and most of the pictures weren't of people, they were just of random shots of the store.
Even more so why employers prohibit the use of cameras on premises.
it is harsh and unreasonable, but it is theior property and they can be as unreasonable as they want... thats the benifits of paying the mortage..
No, it's not harsh and unreasonable...it's a job, not an all-day party. If she wants to take pictures and post them on myspace, she needs to do it on her time, not on the employer's dime.
cosworth
30th of April 2009 (Thu), 18:10
My girlfriend is getting flack from her work because she took a picture of a coworker, and it was okay with her coworker for them to take the picture, then she posted it on her myspace. The picture is completely innocent and nothing is wrong or incriminating or embarrassing.
This is a sign of the apocalypse. I swear. Screw the four horsemen.
Jaymz
30th of April 2009 (Thu), 19:10
Another reason I love my employer. Both him and his wife are photographers, both have Rebel XTs. There are days where we spend more time dicussing photography than working.
team haymaker
30th of April 2009 (Thu), 19:17
from a security stand point she shouldnt be taking pictures of the inside of the store.
i did loss prevention for 5 years (loved it by the way)
pics of the interior on the web makes an easy target
Tomi Hawk
30th of April 2009 (Thu), 19:17
I guess some people really don't like their picture being taken.
Nooo, they want their pictures taken .. they just don't wanna pay for them .. :mrgreen:
Veemac
1st of May 2009 (Fri), 04:11
It's policy at my place of work that any photos taken in the course of employment become the property of the employer and cannot be used for any other purposes (including personal use of any kind)....regardless of whether the camera is owned by the employer or the employee, etc.
So if I happened to catch that once-in-a-lifetime photo, using my own camera gear, while "on the clock" at work, that photo belongs to them and I can't use it for any other purpose (i.e., e-mailing it to friends, posting it on any non-work related website, making/selling prints of it, etc.). It has absolutely nothing to do with it being "legal" or "illegal" - it's a violation of policy, and could subject me to discipline up to and including termination/dismissal.
20droger
1st of May 2009 (Fri), 16:17
It's policy at my place of work that any photos taken in the course of employment become the property of the employer and cannot be used for any other purposes (including personal use of any kind)....regardless of whether the camera is owned by the employer or the employee, etc.
So if I happened to catch that once-in-a-lifetime photo, using my own camera gear, while "on the clock" at work, that photo belongs to them and I can't use it for any other purpose (i.e., e-mailing it to friends, posting it on any non-work related website, making/selling prints of it, etc.). It has absolutely nothing to do with it being "legal" or "illegal" - it's a violation of policy, and could subject me to discipline up to and including termination/dismissal.
Since that is the stated policy, your use of the photo would be a violation of your employer's copyright and could subject you (at least in theory) to all punishments and damages associated therewith.
Jdumas
1st of May 2009 (Fri), 17:54
If I even brought my camera into the building where I work I would get fired, and if I went in and snapped pictures I would probably be charged with a federal crime. I work for a defense department contractor so it could be worse.
Eagle
1st of May 2009 (Fri), 21:32
She probably got in trouble for not working while she was at work. It just so happened that she was taking pictures instead of working in this case.
I'll bet its not the pictures that they are unhappy about. It was that she was screwing around instead of working...
Doesn't matter if it's innocent or not. First of all, she's getting paid to work, not socialize and take pictures.
x3 you guys bet me to it.
troybal
1st of May 2009 (Fri), 23:22
Some people take smoke breaks some take snack breaks so whats wrong with taking a picture break?
The company should have something in writing on a job handbook if not already posted. You cant just expect people to assume it is not ok. Plus when you get the job they should talk you through the rules as well.
I know my company did, but I still bring my camera. Why? Because they are not interested in you taking pictures of people or of your office space but of intellectual property or their equipment.
I highly doubt people are going to look at a picture of a store that some employee found online and say Wow I can go steal this. I am sure thieves case their place before taking a swing at it.
My 2 cents.
DDCSD
1st of May 2009 (Fri), 23:34
Some people take smoke breaks some take snack breaks so whats wrong with taking a picture break?
You don't take smoke or snack breaks in the middle of the store. There are usually rules on when and where you can take breaks.
troybal
1st of May 2009 (Fri), 23:36
You don't take smoke or snack breaks in the middle of the store. There are usually rules on when and where you can take breaks.
Usually....... its eat here and smoke outside back but what if you dont eat or smoke when you take your break?
My point it should be well documented and each person should know before they even get into that situation.
DDCSD
2nd of May 2009 (Sat), 00:10
Usually....... its eat here and smoke outside back but what if you dont eat or smoke when you take your break?
You go in the back room and hang out, or go for a walk. Whatever you want to do, you just don't do it where customers are or could potentially be.
My point it should be well documented and each person should know before they even get into that situation.
Do you really need a 500 page document to tell you that you should be working when you're at work? What's wrong with people these days that they need someone to hold their hand and walk them through life telling them when is and isn't an appropriate time to do something?
If an employee came to me and complained that I should have every situation that could possibly arise documented so that they know what they are allowed to do while on the clock, I'd fire them.
Why do they call it common sense when its so uncommon? :rolleyes:
troybal
2nd of May 2009 (Sat), 00:14
You go in the back room and hang out, or go for a walk. Whatever you want to do, you just don't do it where customers are or could potentially be.
Do you really need a 500 page document to tell you that you should be working when you're at work? What's wrong with people these days that they need someone to hold their hand and walk them through life telling them when is and isn't an appropriate time to do something?
If an employee came to me and complained that I should have every situation that could possibly arise documented so that they know what they are allowed to do while on the clock, I'd fire them.
Why do they call it common sense when its so uncommon? :rolleyes:
The OP never said any customers where around either....
Do you think that just because people work for you that you should be able to tell them what to do on their break too? If you do then document it.......
I only work at a job that I can also enjoy, not one I have to work my arse off and cant take a picture to send to mom....
You would not be my manager for long lol.
Also how would I know in this day in age that it is inappropriate to do at work during a break? I mean cell phones have cameras, key chains have cameras, heck they probably sell some sort of camera in all stores, heck they are taking pictures of you too..... blah blah
troybal
2nd of May 2009 (Sat), 00:24
Also to a point, not everyone works 8-5 or a set of hours. I myself am a salaried employee. My boss does see me on these forums or reading the news, however he knows I work 60+ hours a week on actual work. If he were a hard Arse to me because of a picture, I would be looking for another job. So there has to be some leeway on what is "working" and not working. If he really did not want me to take pictures he would tell me and if I wanted to be written up or fired then I would bring a camera in and take a picture.
Makes sense?
DDCSD
2nd of May 2009 (Sat), 00:57
The OP never said any customers where around either....
Neither did I. Did you read what I typed or did you just hit the quote button?
To be fair though, the OP also never stated that there wasn't. It really doesn't matter though.
Do you think that just because people work for you that you should be able to tell them what to do on their break too?
If they are doing it on my property, in front of my customers, yes. They are still representing the company, even if they are on break.
I would also fire them for dealing drugs or assaulting someone away from from. I don't feel the need to explain that the potential employees either.
The OP also never stated that she was on a break. If she was on break, she was wandering around the store at "random".
If you do then document it.......
Again, There isn't enough paper on the planet to make a complete list of do's and don'ts. I wouldn't have someone working for me that can't logically think for themselves and figure out what appropriate behavior is in a work environment.
I only work at a job that I can also enjoy, not one I have to work my arse off and cant take a picture to send to mom....
Some of us do work our arse off and still manage to enjoy our work.
What if you are on a deadline and need something done by 3pm or you'll lose a big account? Do you stop at 2:55pm and snap some photos of your co-worker to put on your blog?
You would not be my manager for long lol.
Very true.
Also how would I know in this day in age that it is inappropriate to do at work during a break? I mean cell phones have cameras, key chains have cameras, heck they probably sell some sort of camera in all stores, heck they are taking pictures of you too..... blah blah
You really don't have enough sense to know how you are supposed to act at work, during a break or not? Do you also not know how you are supposed to act at a wedding or a funeral?
Again, I wouldn't have a person working for me that can't figure out what is appropriate and what is not. I don't have time to babysit.
Oh, and cel phones and key chains should not be in a person's pocket when they're woking the floor in a retail environment. So that would be a non-issue anyways. You can play with your keys and phone in the break room, on your break...
Also to a point, not everyone works 8-5 or a set of hours. I myself am a salaried employee. My boss does see me on these forums or reading the news, however he knows I work 60+ hours a week on actual work. If he were a hard Arse to me because of a picture, I would be looking for another job. So there has to be some leeway on what is "working" and not working. If he really did not want me to take pictures he would tell me and if I wanted to be written up or fired then I would bring a camera in and take a picture.
Makes sense?
You are in a different situation than the OP's girlfriend. You may also be a better employee that understands what is appropriate and what is not.
troybal
2nd of May 2009 (Sat), 01:08
Neither did I. Did you read what I typed or did you just hit the quote button?
I just hit the quote button...
My point is that your also generalizing as well.
Of course if your on a deadline you dont stop and take pictures, but the OP did not state that his girl was was on a deadline stocking cans on the top shelf. The Title of this thread states "Taking a picture while at work, illegal?" so to me that does not mean that because you post it is bad to do that it is bad to do in every job....
In my job it is only illegal to take pictures of intellectual property.
The OP was asking a simple question and some folks where giving him his/her opinion.
If I did something wrong at work tell me about it, I dont think I need to be written up on it. We have rules at work too and unless you stole something, or caused undoo stress then I think we can talk about inappropriate behavior and hope that it does not happen again. Taking a picture hardly puts a kink in my book as inappropriate. Looks like her manager needs some employee communication skills.
But again, MY OPINION!
DDCSD
2nd of May 2009 (Sat), 01:46
My point is that your also generalizing as well.
Not so much of a generalization as an observation.
Yeh and most of the pictures weren't of people, they were just of random shots of the store.
I'm basing my statements on what the OP has said.
You're assuming the manager is mad because the girl was taking pictures of her friend on a break.
There may be a lot more to the story.
The OP asked...
Is it illegal to take a picture at your work...
He then stated in the next post that he
... thought it was kinda harsh that she's getting wrote up for this, and no warning or anything...
So managers write people up when they break the law? No, managers call the police or fire you on the spot if you are breaking a law at work. Especially a manager that is as lacking in "employee communication skills" as you seem to think this manager is.
You get written up to document inappropriate behavior at work. No one told her that she was breaking the law.
In the first post he explained that she
...took a picture of a coworker, and it was okay with her coworker for them to take the picture, then she posted it on her myspace...
Then a few posts later he said...
Yeh and most of the pictures weren't of people, they were just of random shots of the store.
The story changed. It actually wasn't just a single photo of a co-worker, as was said in the first post. It was many photos. It was mostly random shots of the store along with some photos of people. Unless it was random photos of the break area and the people in it, she was acting inappropriately.
I'm not generalizing anything. I'm actually reading what the OP has stated.
If I were to generalize, I would guess that the girl was screwing around with her work buddies around the store, snapping photos at the same time. I would guess that this isn't the first time her and or her buddies have been in trouble for screwing around. She might even have been written up before, or the manager has been waiting for a solid documented case to do so. I would guess that she isn't a very hard worker, talks back a lot and rolls her eyes when her manager tells her to do something other than sit behind the register.
I would also guess that the manager is looking for an excuse to eventually fire her, and the company has a policy that people need to be written up a certain number of times before they can be fired. I am guessing that the company has a policy that a certain number of write ups need to be readily verifiable.
Although that's not really generalizing, more like making assumptions.
The OP could clarify all of this by posting a link to the photos and maybe a photo of the write-up. Until then, its all either speculation or observations derived from incomplete/sketchy information.
400dabuser
2nd of May 2009 (Sat), 01:55
I guess being a delivery man has its benefits
On the question of taking photos at work, depends on the job and where and what you are taking photos of, you can't take photos without prior permission on private property, and being a delivery guy, mean you can't take photos of security sensitive areas
argyle
2nd of May 2009 (Sat), 07:20
...Do you really need a 500 page document to tell you that you should be working when you're at work? What's wrong with people these days that they need someone to hold their hand and walk them through life telling them when is and isn't an appropriate time to do something?
If an employee came to me and complained that I should have every situation that could possibly arise documented so that they know what they are allowed to do while on the clock, I'd fire them.
Why do they call it common sense when its so uncommon? :rolleyes:
Truer words couldn't have been said. We are in the "Age of Irresponsibility", where some people feel that they can do as they wish, at any time, without being responsible or accountable for their actions. Common sense is sorely lacking these days...the fact that the OP actually started a thread such as this is just another example. We spend too much time coddling folks these days, then when reality hits they don't know how to deal with things and find out just how unsettling real life can be.
Spacemunkie
2nd of May 2009 (Sat), 07:29
...some people feel that they can do as they wish, at any time, without being responsible or accountable for their actions. Common sense is sorely lacking these days...
I can think of several of my previous employers that this would apply to.
It appears that not only are we in the "Age of Irresponsibility" but that we're also entering the "Age of Old Farts".... :lol:
argyle
2nd of May 2009 (Sat), 07:41
I can think of several of my previous employers that this would apply to.
It appears that not only are we in the "Age of Irresponsibility" but that we're also entering the "Age of Old Farts".... :lol:
Not "old", as you so incorrectly assume...just an observant realist. "Assuming" can oftentimes lead to the wrong conclusion. For example, with your "old farts" comment, my first assumption is that you're fairly young. Second, if you are fairly young and have already had several employers (in your words), my next assumption would be that you're not much of an employee, otherwise one of these 'several' employers would have seen the need to keep you on. Of course, these assumptions of mine can be totally out of whack and completely inaccurate. See my point? ;)
Spacemunkie
2nd of May 2009 (Sat), 07:57
Old fartism is a state of mind :)
RDKirk
2nd of May 2009 (Sat), 10:13
Since that is the stated policy, your use of the photo would be a violation of your employer's copyright and could subject you (at least in theory) to all punishments and damages associated therewith.
Most likely not. A copyright can only be applied to a tangible work. While a store might have copyrighted some display designs, it's unlikely every representation of every angle of the store will be judged to be "copyrighted." A general display of goods would not be subject to copyright.
The company should have something in writing on a job handbook if not already posted. You cant just expect people to assume it is not ok.
Certainly you can. If the job is to work, then anything not directly related to work or explicitely permitted can be expected to be prohibited.
I know my company did, but I still bring my camera. Why? Because they are not interested in you taking pictures of people or of your office space but of intellectual property or their equipment
Yes, they may still be sensitive to photographs taken of employees in the workplace for security reasons.
What's wrong with people these days that they need someone to hold their hand and walk them through life telling them when is and isn't an appropriate time to do something?
Their fallacy is in thinking every prohibition must be explicitly written. Employers are certainly permitted to make up new rules on the spot about most things.
Do you think that just because people work for you that you should be able to tell them what to do on their break too? If you do then document it.......
If they haven't completely left my property, darned tootin' I can tell them what to do on their break. No, I don't have to document it, either.
It appears that not only are we in the "Age of Irresponsibility" but that we're also entering the "Age of Old Farts"
Wait until you start paying people to work for you, if that ever happens. Attitudes change when it's your own money and business involved.
Eagle
2nd of May 2009 (Sat), 10:14
You go in the back room and hang out, or go for a walk. Whatever you want to do, you just don't do it where customers are or could potentially be.
Do you really need a 500 page document to tell you that you should be working when you're at work? What's wrong with people these days that they need someone to hold their hand and walk them through life telling them when is and isn't an appropriate time to do something?
If an employee came to me and complained that I should have every situation that could possibly arise documented so that they know what they are allowed to do while on the clock, I'd fire them.
Why do they call it common sense when its so uncommon? :rolleyes:
Well said DDCSD
Do you think that just because people work for you that you should be able to tell them what to do on their break too?
Yes, unless they clock out and leave the premises.
As to the original question, "Taking a picture while at work, illegal?", no it's not ILLEGAL but if you are taking pictures you are not working. People needing to be told everything they can and can not do is just irresponsible. If everyone would use common sense and respect others this kind of crap would not happen.
I would bet that this is not the first time the OP has been given a written or verbal warning at on the job. Being in management myself with the way things are these days you have to make sure you document everything. Once an employee starts getting in trouble it is actually harder to get out of it, each incident gets documented and after so many you have a paper trail so when they are terminated it shows they're history. When someone does get the ax it is not usually the last thing that happened but all the other incidents as well.
Jeff
2nd of May 2009 (Sat), 10:27
I would venture to guess that this is not the first offense either. Most reasonable bosses would just ask that "x" not be done. In this case there may have been other x's before the camera x. Thus the camera x was the one that got the writeup.
Some unreasonable bosses may writeup a perfectly good employee for a first offense (of anything), but that is precisely what makes him/her an unreasonable boss. One you won't want to work for for long.
But to answer the question:
Illegal? No, unless covered by a LAW that says you can't.
A violation of policy? Maybe, could get you fired.
A lack of morals? Maybe, if you were supposed to be working.
DDCSD
2nd of May 2009 (Sat), 10:41
I guess I just had to wait for the old farts to wake up for anyone to understand what I meant!
I'm 30, when did that become old fart age? ;)
chauncey
2nd of May 2009 (Sat), 10:50
It's always sad when these "old farts"...the ones that have paid their dues and have accumulated the "wealth" and own the businesses that employs these children, get to make the rules.
Then when these children break the rules and have to suffer the consequences, rather than own up, they go crying to daddy or boyfriend or whoever.
Work is not supposed to be a place to go to hang out, it is a place to be productive and nothing else, teeny boppers and their cameras need not apply.
20droger
2nd of May 2009 (Sat), 11:15
Most likely not. A copyright can only be applied to a tangible work. While a store might have copyrighted some display designs, it's unlikely every representation of every angle of the store will be judged to be "copyrighted." A general display of goods would not be subject to copyright.
It's the copyright on the photographs that is the issue. If the police states that any photographs taken on company time/property are theirs, and you agreed to it (by accepting/maintaining employment there), then they own the copyrights, even if you took the pictures.
Patrick
2nd of May 2009 (Sat), 14:35
She probably got in trouble for not working while she was at work. It just so happened that she was taking pictures instead of working in this case.
I'll bet its not the pictures that they are unhappy about. It was that she was screwing around instead of working...
Exactly!
RDKirk
2nd of May 2009 (Sat), 15:24
If the police {sic--I presume the intended word was "policy"} states that any photographs taken on company time/property are theirs, and you agreed to it (by accepting/maintaining employment there), then they own the copyrights, even if you took the pictures.
Just because their policy states it does not make it so. They can't turn the situation into "for hire" just by sticking a line like that into the employment policy--assuming copyright from the creator is not that easy. It is also necessary for photography to be a defined part of the employee's job, which would include the employer merely giving the person an ad hoc task, say, "Ethyl just won employee of the month, so take a picture of her for the bulletin board."
But the employer can't say, "Your job does not include photography" and then assume copyright for photographs you take under the "for hire" provisions of the copyright law.
DAMphyne
2nd of May 2009 (Sat), 17:05
Was it a Union shop?
Stickman
2nd of May 2009 (Sat), 20:46
What's wrong with people these days that they need someone to hold their hand and walk them through life telling them when is and isn't an appropriate time to do something?
If an employee came to me and complained that I should have every situation that could possibly arise documented so that they know what they are allowed to do while on the clock, I'd fire them.
Why do they call it common sense when its so uncommon? :rolleyes:
I don't think most people would want to work for you anyway based off your above comments.
Someone taking pictures on their legal break mandated under US Federal law is no basis for discipline unless there are previously disclosed reasons for the lack of pictures. DOD and similar places has obvious reason for concern. Joe's fish emporium other nonsensitive places are a different story.
DDCSD
2nd of May 2009 (Sat), 21:54
I don't think most people would want to work for you anyway based off your above comments.
I wouldn't want most people working for me. I'm pretty selective about who I choose to help me build my business and with whom I share my profits with, so I guess its a moot point...
Someone taking pictures on their legal break mandated under US Federal law is no basis for discipline unless there are previously disclosed reasons for the lack of pictures. DOD and similar places has obvious reason for concern. Joe's fish emporium other nonsensitive places are a different story.
When did I say that someone shouldn't be allowed to take pictures on break? Please don't try to bolster your position in the discussion by misrepresenting my position.
First, it was never stated whether or not she was on break. Second, even if she was on break, she was apparently wandering around the store taking photos of anything and everything (according to the OP, in post 6).
Here is what I did say about what an employee can/should do when they are on their break:
You go in the back room and hang out, or go for a walk. Whatever you want to do, you just don't do it where customers are or could potentially be.
Hmmm... never said anything about not being able to take photos. I did say that whatever it is that you decide to do, it needs to be done in an area where customers will see you.
There's a lot more to this story than "She got in trouble for taking pictures".
I'm just trying to figure out why everyone keeps saying that she can do whatever she wants when she's on break. The OP hasn't even used the word "break" on this forum since February 24th, and certainly hasn't used it in this thread.
les_au
2nd of May 2009 (Sat), 21:57
seems that it was not so much the photo's that were the problem but goofing around on the employers time. Your there to work, not take photo's for your myspace pages.
i'll admit i am no saint, i access myspace from my employers office, but normally befor i am on the clock. yes i do take photo's at work. mainly to document damage or to produce how to documents. everyting has a time and place, if i do take the odd personal shot during my work hours, so long as it's not effecting my work through put it's not a problem. i guess every employer has limits and tolerances. but you will find that good hard working employees that go the extra mile when needed will be afforded more freedom
DDCSD
2nd of May 2009 (Sat), 22:09
seems that it was not so much the photo's that were the problem but goofing around on the employers time. Your there to work, not take photo's for your myspace pages.
i'll admit i am no saint, i access myspace from my employers office, but normally befor i am on the clock. yes i do take photo's at work. mainly to document damage or to produce how to documents. everyting has a time and place, if i do take the odd personal shot during my work hours, so long as it's not effecting my work through put it's not a problem. i guess every employer has limits and tolerances. but you will find that good hard working employees that go the extra mile when needed will be afforded more freedom
Excellent post, and that last sentence is spot on.
Jpatten
2nd of May 2009 (Sat), 23:26
I would be willing to bet that no pictures IS stated somewhere in either the employee handbook or other documentation for employees. It is VERY common now to ban pictures. I work for an IT company and we aren't allowed pictures inside the building and all visitors have to sign in and state they wont photograph, take video or otherwise record anything inside the facility. This is to protect against even accidental leaking of company secrets and Intellectual property.
halitime
3rd of May 2009 (Sun), 02:01
Interesting! I'm 49 years old and in Canada from past day's any photos in a store and a
bar are taboo!Photos in a bar where illegal but I'm not sure if that's still the case.It was
a what happens in the Pub Stays in the Pub!
Spacemunkie
3rd of May 2009 (Sun), 08:02
I'm 30, when did that become old fart age? ;)
Old before your time mate :D
I have a few years on you and less hair I'll wager :lol:
argyle
3rd of May 2009 (Sun), 08:16
...I would bet that this is not the first time the OP has been given a written or verbal warning at on the job. Being in management myself with the way things are these days you have to make sure you document everything. Once an employee starts getting in trouble it is actually harder to get out of it, each incident gets documented and after so many you have a paper trail so when they are terminated it shows they're history. When someone does get the ax it is not usually the last thing that happened but all the other incidents as well.
I would venture to guess that this is not the first offense either. Most reasonable bosses would just ask that "x" not be done. In this case there may have been other x's before the camera x. Thus the camera x was the one that got the writeup...But to answer the question:
Illegal? No, unless covered by a LAW that says you can't.
A violation of policy? Maybe, could get you fired.
A lack of morals? Maybe, if you were supposed to be working.
Agree. Most workplaces that have a disciplinary program will *typically* give the offending employee a verbal warning (for a first offense) that would get documented in the person's file. The second offense would get you a written warning, also documented. After a third, you could get suspended (time off without pay) or terminated. There is no way that an employer would be able to delineate all possible behaviors that would be prohibited...to expect that is just ridiculous. Maybe the OP's gf will take this as a learning experience.
TBH, I don't know what the OP expected to get out of his post...sympathy? Just because it's not illegal doesn't mean that his gf can get off the hook. The bottom line is the employer gets to determine what is and is not acceptable while an employee is on the clock...he's running a business, not a babysitting service.
_aravena
3rd of May 2009 (Sun), 14:19
She probably got in trouble for not working while she was at work. It just so happened that she was taking pictures instead of working in this case.
I'll bet its not the pictures that they are unhappy about. It was that she was screwing around instead of working...
Is the OP serious or just a kid? I read the title thinking it was going to be serious cause they worked at some huge corporation. Spot on Derek, maybe she should get to work and stop messing around. Not to mention that I'm sure it's written someone to not take photos or goof off.
EDIT: After reading through this more, I think some people need to be fired from life. These type of threads truly reveal some people and how sad they are. I'd fire a few so fast without a second thought. Don't get me wrong, there can be a time and a place, but I doubt it was.
argyle
3rd of May 2009 (Sun), 17:07
Sorta reminds me of an old Seinfeld episode where George gets called in by the boss, only to learn that he's being terminated for having sexual relations on his desk with the cleaning woman...George's defense was that he was never told that one couldn't do that, and if he had been told, he surely would not have indulged in that behavior. :D
brecklundin
3rd of May 2009 (Sun), 20:17
Sorta reminds me of an old Seinfeld episode where George gets called in by the boss, only to learn that he's being terminated for having sexual relations on his desk with the cleaning woman...George's defense was that he was never told that one couldn't do that, and if he had been told, he surely would not have indulged in that behavior. :D
hahahaha...one of my fav episodes!!
I read this entire thread and see points both ways. I have and do own my own business. I have employed and fired people. I can agree that I would never write up anyone for something as trivial as a casual photo, UNLESS there was a basis for the employee being asked not to engage in such or there were other instances of just not doing their job. But for the simple act of snapping a few shots, nope.
Something overlooked here is there are liability issues as to employee privacy that could be involved here. Perhaps the business had had claims against them for other sort of work environment issues so they are very sensitive to the issue. It happens and often there is a failure for the employer to communicate with the staff as well as for the staff to simply ask permission. Common sense says you ask permission at work, but if the staff person is young and learning how it all works, take them aside and explain it all. I have found more draconian methods only push potentially good staff away.
But as is obvious, everyone has an opinion and we also do not know the real details. As an employee I would suggest it is always best to err on the side of caution and get permission first. If the employer knows what is up, concessions can be made but at the risk of setting a precedence in the workplace. It just gets complicated when all potentialities are considered. It's a shame really.
RDKirk
3rd of May 2009 (Sun), 21:29
But as is obvious, everyone has an opinion and we also do not know the real details. As an employee I would suggest it is always best to err on the side of caution and get permission first. If the employer knows what is up, concessions can be made but at the risk of setting a precedence in the workplace. It just gets complicated when all potentialities are considered. It's a shame really.
A good manager should be able to discern the difference between a screw-up and a good person who just screwed up. We don't know which is the case in this instance.
KevinPourroy
3rd of May 2009 (Sun), 22:09
I got fired from a job of six years because I photoshped two seperate pictures to make it look like I was jumping off a tower. "The picture is not an image we endorsed" Fired....
http://i245.photobucket.com/albums/gg48/KevinPourroy/MISC/DSC01159copy.jpg
DDCSD
3rd of May 2009 (Sun), 22:16
I got fired from a job of six years because I photoshped two seperate pictures to make it look like I was jumping off a tower. "The picture is not an image we endorsed" Fired....
Wow, they fired you for photoshopping a couple of photos at home on your own time that was in no way linked to your employer in subject (other than you) or display?
Did they hack into your home computer to see it?
Firing you for the simple act of photoshopping on your own time, with your own computer on photos that you took does seem pretty harsh.
KevinPourroy
3rd of May 2009 (Sun), 23:17
Wow, they fired you for photoshopping a couple of photos at home on your own time that was in no way linked to your employer in subject (other than you) or display?
Did they hack into your home computer to see it?
Firing you for the simple act of photoshopping on your own time, with your own computer on photos that you took does seem pretty harsh.
Yup Fired
I had it posted on my own website Captioned that it was "fake" Someone sent it into the boss.
DDCSD
3rd of May 2009 (Sun), 23:51
That's not the company's tower? If not, that does seem a bit insane. If so, it still seems a bit overboard.
KevinPourroy
4th of May 2009 (Mon), 00:14
That's not the company's tower? If not, that does seem a bit insane. If so, it still seems a bit overboard.
No that is me in a work uniform and a picture of their water slide. I was jumping off the side of a pool (below) and photoshoped it to make me look like i was jumping off a 70 foot waterslide into 4 feet of water. They didn't beleive me that it was fake even though they had seen some of the other pictures I had photoshoped (below). If I had done it for real it is "Unsafe" and anything "Unsafe" is not an image they endorse. They claimed someone might see the picture and hurt themselves trying to copy it. (anybody that thinks its a good idea to jump from such a height into such shallow water is an idiot, or in the circus)
http://i245.photobucket.com/albums/gg48/KevinPourroy/MISC/Brando.jpg
http://i245.photobucket.com/albums/gg48/KevinPourroy/MISC/Bullmonkeycopy.jpg
http://i245.photobucket.com/albums/gg48/KevinPourroy/MISC/CopyofWalMart10.jpg
http://i245.photobucket.com/albums/gg48/KevinPourroy/MISC/DSC01142copycopy.jpg
FlyingPhotog
4th of May 2009 (Mon), 00:16
In today's business world, "liability exposure" is enemy #1...
All it would have taken was one nutjob to see your image and do what you faked doing and there goes the farm.
brecklundin
4th of May 2009 (Mon), 00:33
No that is me in a work uniform and a picture of their water slide. I was jumping off the side of a pool (below) and photoshoped it to make me look like i was jumping off a 70 foot waterslide into 4 feet of water. They didn't beleive me that it was fake even though they had seen some of the other pictures I had photoshoped (below). If I had done it for real it is "Unsafe" and anything "Unsafe" is not an image they endorse. They claimed someone might see the picture and hurt themselves trying to copy it. (anybody that thinks its a good idea to jump from such a height into such shallow water is an idiot, or in the circus)
Actually, that is a case where you represent the business and even though you are on your own time, it is a very, very egregious bit of poor judgement on your part to show the place of business and you in your work clothes. You are lucky they did not send you a take down notice. In fact they still can at any time...
You were not fired for a simple photograph or simply photoshopping one image over another, it was for publishing the shots potentially encouraging some kid to possibly kill themselves pulling that stunt in real life.
Bad decision on your part, but I get the sense you did not care about the job or the business at all. I am about as easy going a guy as you would want to work for, pretty much anything that does no harm to clients, yourself or coworkers OR THE BUSINESS is fine by me as long as the work gets done...ya crossed a very thick line there. If you were a good staff member, maybe, and I mean MAYBE you would have gotten by with it but that would have depended on the way you discussed the matter with me. I know for sure I would have my attorney send you an official take down notice and let the chips fall where they may.
EDIT: Thought to add, this is again a perfect example of always ASK first before making the mistake. You are not only using the business but also wearing the uniform which implies you are, in fact an employee of the company, so if the company does not take action they can he consider to condone the activity, whether it's fake or not...I know this can be difficult to accept, but until you pay your first liability insurance payment, you have no appreciation to what can happen to a business.
KevinPourroy
4th of May 2009 (Mon), 22:06
Actually, that is a case where you represent the business and even though you are on your own time, it is a very, very egregious bit of poor judgement on your part to show the place of business and you in your work clothes. You are lucky they did not send you a take down notice. In fact they still can at any time...
You were not fired for a simple photograph or simply photoshopping one image over another, it was for publishing the shots potentially encouraging some kid to possibly kill themselves pulling that stunt in real life.
Bad decision on your part, but I get the sense you did not care about the job or the business at all. I am about as easy going a guy as you would want to work for, pretty much anything that does no harm to clients, yourself or coworkers OR THE BUSINESS is fine by me as long as the work gets done...ya crossed a very thick line there. If you were a good staff member, maybe, and I mean MAYBE you would have gotten by with it but that would have depended on the way you discussed the matter with me. I know for sure I would have my attorney send you an official take down notice and let the chips fall where they may.
EDIT: Thought to add, this is again a perfect example of always ASK first before making the mistake. You are not only using the business but also wearing the uniform which implies you are, in fact an employee of the company, so if the company does not take action they can he consider to condone the activity, whether it's fake or not...I know this can be difficult to accept, but until you pay your first liability insurance payment, you have no appreciation to what can happen to a business.
I think you got it wrong. I know why I was fired and don’t dispute the reasoning; I could have used better judgment. I cared a lot about that job and was a valuable employee to the company(I’m still good friends with the general manager and get in for free when I go, I even help them with training as an unknown victim and will be going to the assistant managers wedding this June). I busted my ass for that company and loved what I was doing. The people that made the decision had never met me nor did they care about the quality of an employee they were getting rid of; they had to fire the person who created the picture. In the context that the photo was put in there wasn’t a “thick” line crossed at all. If you have a website that requires a password to access it (only people you know can see it, no guests) and the title is “Photoshop” with before and after pictures of a ton of different subjects with these being the minority, there shouldn’t be a whole lot of confusion about the authenticity of the photo. (I was wearing the shorts of my uniform, There is no one that would recognize those shorts as being a uniform, 99% percent of employees wear red shorts and there is a lot more to the uniform than just a pair of mundane blue shorts; even the people that made the decision wouldn’t realize what I was wearing)
If someone is going to see the photo of King Kong and not go to the park because they’re scared he might still be there they are an idiot
If someone is going to jump off of a 70 ft. tower to land on a tram back to their car they’re an idiot. Maybe it would be a good thing for these people to win a Darwin award and remove themselves from the gene pool.
_aravena
5th of May 2009 (Tue), 03:36
If someone is going to see the photo of King Kong and not go to the park because they’re scared he might still be there they are an idiot
If someone is going to jump off of a 70 ft. tower to land on a tram back to their car they’re an idiot. Maybe it would be a good thing for these people to win a Darwin award and remove themselves from the gene pool.
This is ironic as a person who would make such a photo without thinking they wouldn't get fired from this job they apparently love so much and busted there ass off at is an idiot.
It's not about someone doing it not to mention people out there that may think this may not all be there because they are handicapped in that department, so watch why you're calling someone an idiot. If you are, then I apologize but you have no room for calling someone that unless you really didn't care about your job.
Mike
5th of May 2009 (Tue), 06:47
Taking photos at my workplace would get you arrested, your camera siezed and a nice prison sentence or a heavy fine or both. A few years ago one foolish lad took a photo of the floor on his phone and managed to land himself in a whole heap of trouble just for that!
I agree with those who say that it was probably a justified punishment, goofing around on the job is never something that is going to get rewarded by the powers that be.
nicksan
5th of May 2009 (Tue), 10:35
If I was an owner of a business and saw my employees f*cking around with a camera instead of working then I would be annoyed.
...you know b/c I NEVER slack off from work...well...except for checking out POTN. ;-)
There's a time and place for everything...and there's always time for POTN!!!
Wilt
5th of May 2009 (Tue), 12:08
Doesn't matter if it's innocent or not. First of all, she's getting paid to work, not socialize and take pictures. Second, most (if not all) employers prohibit the use of cameras on their premises unless the shooter has their explicit approval to do so.
It's not harsh, and it has nothing to do with some people not wanting their picture taken...the employer gets to make the rules.
Even more so why employers prohibit the use of cameras on premises.
No, it's not harsh and unreasonable...it's a job, not an all-day party. If she wants to take pictures and post them on myspace, she needs to do it on her time, not on the employer's dime.
The boss may not always be right, but the Boss is the boss! If she is not willing to abide by the rules, no matter how reasonable or unreasonable, she can choose to go elsewhere to work.
troybal
5th of May 2009 (Tue), 12:27
Yes sir boss, yes sir, can you tell me when I can go to the bathroom so you don't misconstrue it as not wanting to work? Can you let me know if I can blow my nose and if I have to do it in a special corner? Can you tell me if a friend comes over and takes a picture if I should call the police or let you know?
If an employee is not doing good a work, have the balls to fire them instead of finding a lame excuse. Write down what they are not doing at work, write them up about that, not about taking a few minutes at work taking pictures that you failed to tell them they could or could not do. I can take about 10 pictures at work in under a min, I find that, to me it does not mean I am NOT working.
There are signs where we are not allowed to take pictures. Ok so retailers may or is different, but the general rules should apply. I go into retailers all the time and I usually have to go find someone to get an answer on a product etc... do they get written up? These are usually younger adults with a job that do not know any better, it is up to the management to train the employees to be better......... Not write them up for every little thing they do, just to get them more pissed off and then tend to "Act" like they are working.
nicksan
5th of May 2009 (Tue), 12:43
Yeah, sure...firing an employee is a pretty simple process right?
Especially in this sue happy country....Sure...
I don't expect employees to be monitored when taking a good 15 minute crap session in stall #4, but there are certain things that are common sense right?
Like don't watch a baseball game online on your PC with the volume up, or don't stand there snapping pics for all to see. Yes, don't be break dancing in the corporate lobby.
I don't care if people get away with slacking off. I really don't. As long as it's not affecting my performance at work, I don't give a rat's arse. I slack off too (obviously, I'm writing this) but I get my all my projects done, meet deadlines, etc. Everyone needs a little downtime whether that means the 15 minute crap session, the 15 minute smoke break, or whatever.
But don't make it blatantly obvious. If you do, don't cry like a baby about being written up about it. I'll be right there playing the violin for you...:lol::p:rolleyes:
Yes sir boss, yes sir, can you tell me when I can go to the bathroom so you don't misconstrue it as not wanting to work? Can you let me know if I can blow my nose and if I have to do it in a special corner? Can you tell me if a friend comes over and takes a picture if I should call the police or let you know?
If an employee is not doing good a work, have the balls to fire them instead of finding a lame excuse. Write down what they are not doing at work, write them up about that, not about taking a few minutes at work taking pictures that you failed to tell them they could or could not do. I can take about 10 pictures at work in under a min, I find that, to me it does not mean I am NOT working.
There are signs where we are not allowed to take pictures. Ok so retailers may or is different, but the general rules should apply. I go into retailers all the time and I usually have to go find someone to get an answer on a product etc... do they get written up? These are usually younger adults with a job that do not know any better, it is up to the management to train the employees to be better......... Not write them up for every little thing they do, just to get them more pissed off and then tend to "Act" like they are working.
troybal
5th of May 2009 (Tue), 12:48
Yeah, sure...firing an employee is a pretty simple process right?
Especially in this sue happy country....Sure...
Exactly, that's why it should be clear for everyone to understand no taking pictures, or no smiling on your own time or no bathroom breaks between X time and Y time. Etc.... but my point is for something like pictures it should be posted. Or you open yourself to a law suit if it is not documented somewhere.
Regardless of how lame a lawsuit is the facts are THEY happen.
I don't care if people get away with slacking off. I really don't. As long as it's not affecting my performance at work, I don't give a rat's arse. I slack off too (obviously, I'm writing this) but I get my all my projects done, meet deadlines, etc. Everyone needs a little downtime whether that means the 15 minute crap session, the 15 minute smoke break, or whatever.
Exactly!
_aravena
5th of May 2009 (Tue), 12:57
Yeah...I can see it now.
Judge Judy: We are here to discuss the firing of...wait, you were fired for taking pictures?
Plaintiff: Yes
JJ: Ma'am. You young people lack such manners. SO why did you fire him?
Defendant: He was taking pictures of himself for MySpace or something I'm sure, out on the sales floor where guests could see.
JJ: Alright, I heard enough. Maybe you should spend a night in jail for the stupidity of this case and inconveniencing me. Dismissed.
How old are you Toby? And have you ever read a work contract? Ignorance of the law is no excuse as for ever little written thing they have as well which I'm sure they can bring up.
Wilt
5th of May 2009 (Tue), 12:58
Yes sir boss, yes sir, can you tell me when I can go to the bathroom so you don't misconstrue it as not wanting to work? Can you let me know if I can blow my nose and if I have to do it in a special corner? Can you tell me if a friend comes over and takes a picture if I should call the police or let you know?
If an employee is not doing good a work, have the balls to fire them instead of finding a lame excuse. Write down what they are not doing at work, write them up about that, not about taking a few minutes at work taking pictures that you failed to tell them they could or could not do. I can take about 10 pictures at work in under a min, I find that, to me it does not mean I am NOT working.
There are signs where we are not allowed to take pictures. Ok so retailers may or is different, but the general rules should apply. I go into retailers all the time and I usually have to go find someone to get an answer on a product etc... do they get written up? These are usually younger adults with a job that do not know any better, it is up to the management to train the employees to be better......... Not write them up for every little thing they do, just to get them more pissed off and then tend to "Act" like they are working.
There are jobs, like on fast production lines, where workers can take breaks at specific times. It is the nature of the hourly worker, unlike the salaried worker who is assumed to routinely put in 50+ hour weeks with no overtime and no specific breaks. Yes trade unions did help with the sweat shops, but the law still only mandates two 15 minute breaks and 30 minutes for lunch. Teachers don't get bathroom breaks during class when kids are not in recess...and if they leave the classroom, pandemonium can result.
_aravena
5th of May 2009 (Tue), 13:01
Yup yup yup. Although for my old salary job there were issues with that thus the class action lawsuit. But they wanted us to work a full day before out first break. I understood but they had to realistic. It was a vendor job and yes we needed to hit up every store ASAP but we have to eat at some point and stores took 1-4 hours each with at least 4 stores per route. our "break" was driving and apparently we were to use drive thrus. Idk...we won and apparently it's only been a problem for the district I was in as I've talked to others when moving.
troybal
5th of May 2009 (Tue), 13:10
How old are you Toby? And have you ever read a work contract? Ignorance of the law is no excuse as for ever little written thing they have as well which I'm sure they can bring up.
I don't understand what my age has to do with it, however I don't have a $8hr job so maybe I am missing something that your trying to point out?
I know what my employee hand book states and nowhere does it say I cant "fool around" or take pictures. Nor does it say it covers any Ignorance of the law. I mean what law are we talking about anyway. I did not know it was against the Law to take pictures! So how could I be ignorant of that.
Note: I have been with the same company for 20+ years and have managed as many as 35 employees at one time. I am currently manageing people in 14 different states, but again, these guys dont make $8hr. I have recieved many accolades in my company with many of them being the highest honor you can recieve. So I would say that not only I believe that I can manage people but my company also values my techniques.
What do I believe in? Having fun, you should have fun at work, and when it comes to actually getting the work done, its fun to do and you go home feeling you accomplished something. I hate to hear that folks hate their jobs, but maybe its because they hate management......
troybal
5th of May 2009 (Tue), 13:15
There are jobs, like on fast production lines, where workers can take breaks at specific times. It is the nature of the hourly worker, unlike the salaried worker who is assumed to routinely put in 50+ hour weeks with no overtime and no specific breaks. Yes trade unions did help with the sweat shops, but the law still only mandates two 15 minute breaks and 30 minutes for lunch. Teachers don't get bathroom breaks during class when kids are not in recess...and if they leave the classroom, pandemonium can result.
Understood.
But the OP here was at a retail store.... But on another note, for these 15 min breaks does the management team tell you what you can and cannot do? I am assuming because it is union, there are books and books of what you can and cannot do.
All I was posting was that the OP stated it was illegal to take pictures I think no. However in a work environment, if it is written that you cant take pictures then yes your boss or Her boss has every right to write you up.
It "seemed" as the though the OP never stated that the boss mentioned the "book" he just wrote her up on it. I mean even if you do write her up show her where it says not do to such things....
FlyingPhotog
5th of May 2009 (Tue), 13:15
I don't understand what my age has to do with it, however I don't have a $8hr job so maybe I am missing something that your trying to point out?
Yes sir boss, yes sir, can you tell me when I can go to the bathroom so you don't misconstrue it as not wanting to work? Can you let me know if I can blow my nose and if I have to do it in a special corner? Can you tell me if a friend comes over and takes a picture if I should call the police or let you know?
FWIW, the tone of your reply makes you sound like you're somewhere around age eight or so... :confused:
Surely if you're an award-winning, multi-state manger, you've got a deeper understanding of how the real world works. Including, but not limited to, how mercurial and fickle employers can be. Don't know who you work for (and really don't care) but it sounds to me like your HR folks aren't pulling their weight when it comes to manager training.
troybal
5th of May 2009 (Tue), 13:18
Yes sir boss, yes sir, can you tell me when I can go to the bathroom so you don't misconstrue it as not wanting to work? Can you let me know if I can blow my nose and if I have to do it in a special corner? Can you tell me if a friend comes over and takes a picture if I should call the police or let you know?
FWIW, the tone of your reply makes you sound like you're somewhere around age eight or so... :confused:
LOL your way off, but good try....
FlyingPhotog
5th of May 2009 (Tue), 13:20
LOL your way off, but good try....
That's one opinion...
troybal
5th of May 2009 (Tue), 13:22
That's one opinion...
But I am right that your wrong.
troybal
5th of May 2009 (Tue), 13:34
Surely if you're an award-winning, multi-state manger, you've got a deeper understanding of how the real world works. Including, but not limited to, how mercurial and fickle employers can be. Don't know who you work for (and really don't care) but it sounds to me like your HR folks aren't pulling their weight when it comes to manager training.
So because I have a happy team my HR is not training me right?
Believe me I know how the real world is, and believe me I am not going to be one of those managers micro managing everything you do. Your an adult, you know what needs to be done, and if you want to take a picture go for it. I am not going to slam you for it... neither is my HR team, why, because its not in the handbook!
When you know how to manage, then the "Mercurial and fickle employees" are easy to deal with.
In today's business world, "liability exposure" is enemy #1...
All it would have taken was one nutjob to see your image and do what you faked doing and there goes the farm.
For your post on this I totally agree, see I am not trying to be an Ass.
This would be dangerous to me too. However again, the original poster was talking about happy snaps and not photo shopped pics of the girl jumping off the retailer store.
DDCSD
5th of May 2009 (Tue), 13:48
One more time. I would bet my next paycheck that the reason the girl got written up is not because she took photos(she took more than one). It was the fact that those photos showed something else (that she wasn't doing her job).
Wilt
5th of May 2009 (Tue), 13:53
All I was posting was that the OP stated it was illegal to take pictures I think no. However in a work environment, if it is written that you cant take pictures then yes your boss or Her boss has every right to write you up.
Agreed. I was merely pointing out that hourly employees should have no expectations beyond what the law mandates. Anything more is 'progressive management'
gardengirl13
5th of May 2009 (Tue), 14:01
Man I used to think my job was boring and sometimes was a drag, but after reading this thread I'm feeling like I really like the place and the people I work for! I'm sorry but you do need to have a little fun on the job. It can't be just hard work all day long (unless of course your job is a life or death kind of situation.)
No one is going to die if I take a few photos around the place.
how can any of us judge what happened since the OP hasn't said anything more about it? Maybe the store was empty and all the employees were just going around adjusting shelves to make busy work. Maybe the store was packed and she was way out of line. We don't know. We can't judge on so little facts.
This thread really shows the American mentality of a work place. Sure some jobs need constant work, but come on half of you are probably typing this at work. We all need to relax a bit since we don't know what happened.
This thread reminds me of an article I read this morning about how more and more americans are on drugs for mental illness and depression and stress. We all need to just chill.
Wilt
5th of May 2009 (Tue), 14:05
Man I used to think my job was boring and sometimes was a drag, but after reading this thread I'm feeling like I really like the place and the people I work for! I'm sorry but you do need to have a little fun on the job. It can't be just hard work all day long (unless of course your job is a life or death kind of situation.)
No one is going to die if I take a few photos around the place.
how can any of us judge what happened since the OP hasn't said anything more about it? Maybe the store was empty and all the employees were just going around adjusting shelves to make busy work. Maybe the store was packed and she was way out of line. We don't know. We can't judge on so little facts.
This thread really shows the American mentality of a work place. Sure some jobs need constant work, but come on half of you are probably typing this at work. We all need to relax a bit since we don't know what happened.
This thread reminds me of an article I read this morning about how more and more americans are on drugs for mental illness and depression and stress. We all need to just chill.
The work ethic is best in Western Europe, and progressively gets worse as you move westward across the globe. Witness the Japanese 5.5 day work week (and expectation of after-work socializing -- drinking) compared to the German 5 weeks off on holiday
FlyingPhotog
5th of May 2009 (Tue), 14:06
This thread reminds me of an article I read this morning about how more and more americans are on drugs for mental illness and depression and stress. We all need to just chill.
Wow, that's just nuts!
nicksan
5th of May 2009 (Tue), 14:12
Yeah...maybe about 10 years ago.
As the economy tanks, so shrinks the work hours...
The work ethic is best in Western Europe, and progressively gets worse as you move westward across the globe. Witness the Japanese 5.5 day work week (and expectation of after-work socializing -- drinking) compared to the German 5 weeks off on holiday
nicksan
5th of May 2009 (Tue), 14:16
Funniest thing I read today.:lol:
I work in a financial environment in NYC and here at my office, it's one big joke. So many slackers. So many dead weight workers.
Whether you are 16 or 36, it doesn't matter. If you are a slacker, you will always be a slacker. No amount of "Award winning management" will change that. It's just human nature to get off easy...
You got that? McFly?
;):lol::p
So because I have a happy team my HR is not training me right?
Believe me I know how the real world is, and believe me I am not going to be one of those managers micro managing everything you do. Your an adult, you know what needs to be done, and if you want to take a picture go for it. I am not going to slam you for it... neither is my HR team, why, because its not in the handbook!
When you know how to manage, then the "Mercurial and fickle employees" are easy to deal with.
For your post on this I totally agree, see I am not trying to be an Ass.
This would be dangerous to me too. However again, the original poster was talking about happy snaps and not photo shopped pics of the girl jumping off the retailer store.
FlyingPhotog
5th of May 2009 (Tue), 14:16
Yeah...maybe about 10 years ago.
As the economy tanks, so shrinks the work hours...
Now if only it were out of the goodness of the Employer's hearts. You know, to take some of the stress off folks... :rolleyes:
troybal
5th of May 2009 (Tue), 14:20
Whether you are 16 or 36, it doesn't matter. If you are a slacker, you will always be a slacker. No amount of "Award winning management" will change that. It's just human nature to get off easy...
You got that? McFly?
;):lol::p
You just fire them! Is that hard to do? Not blame a picture but the lack of productivity. I agree there are many you can't change, if they don't want to do the job then let them find something they like doing.
Did you hear that McFly?
DunnoWhen
5th of May 2009 (Tue), 14:21
.....and the next time you get caught in a rainstorm, don't dry your hair in the office microwave. Altough not in the "employee handbook", it really isn't a good idea!
gardengirl13
5th of May 2009 (Tue), 14:22
I'd love to live in a country where you're almost mandated to take a vacation! I think personal time off is a wonderful thing.
Due to health reasons I have a four day work week. I think it's almost the best thing ever. Sure I love my job and work very hard when I'm busy, having that time off in the middle of the week makes me work that much harder on those other 4 days. But yes I do have time to myself. My co-workers take an hour every day to do yoga, or take walks. We have flexible schedules so we can do this. It makes everyone happier and work harder.
Yes maybe it's because I'm gen-x, who knows? But for me I'd rather have a job where it's more relaxed. As I said in another thread, I don't define myself by my job. I don't want a "career" I want a job that pays the bills and allows me certain freedoms. Like being able to do photography during a lunchtime walk. Or post for a few minutes during a lull in my day. To my I'm more important. Some may say I'm greedy or selfish for wanting something like this. But all I can say to that is while you're fighting rush hour traffic I'm sipping a margarita reading a trashy novel on my deck looking at all the lovely flowers I'll shoot at the end of this chapter.
troybal
5th of May 2009 (Tue), 14:23
.....and the next time you get caught in a rainstorm, don't dry your hair in the office microwave. Altough not in the "employee handbook", it really isn't a good idea!
And why do you think they put it there? Because they will get sued.
That is my point, unless you like to get sued, you need to point it out. We live in America (or I do anyway) and there are allot of sue happy folks.
gardengirl13
5th of May 2009 (Tue), 14:25
.....and the next time you get caught in a rainstorm, don't dry your hair in the office microwave. Altough not in the "employee handbook", it really isn't a good idea!
:lol:
FlyingPhotog
5th of May 2009 (Tue), 14:26
You just fire them! Is that hard to do? Not blame a picture but the lack of productivity. I agree there are many you can't change, if they don't want to do the job then let them find something they like doing.
Did you hear that McFly?
Oh c'mon...
How successful can any company really be if all the empolyees are allowed to "seek their own level?"
Besides which, who'd buy anything from a corporation where all the workers do all day is drink beer and screw? ;)
DunnoWhen
5th of May 2009 (Tue), 14:27
And why do you think they put it there? Because they will get sued.
That is my point, unless you like to get sued, you need to point it out. We live in America (or I do anyway) and there are allot of sue happy folks.
Please reread my post, carefully!:)
troybal
5th of May 2009 (Tue), 14:31
Oh c'mon...
How successful can any company really be if all the empolyees are allowed to "seek their own level?"
Besides which, who'd buy anything from a corporation where all the workers do all day is drink beer and screw? ;)
I have never stated that employees should never work or drink beer and screw. All I stated is that work should be fun and taking a picture is hardly screwing around.
troybal
5th of May 2009 (Tue), 14:32
Please reread my post, carefully!:)
Sorry Dunno!
nicksan
5th of May 2009 (Tue), 14:32
Are they hiring?
Sign me up!:lol:
Oh c'mon...
How successful can any company really be if all the empolyees are allowed to "seek their own level?"
Besides which, who'd buy anything from a corporation where all the workers do all day is drink beer and screw? ;)
gardengirl13
5th of May 2009 (Tue), 14:34
Oh c'mon...
How successful can any company really be if all the empolyees are allowed to "seek their own level?"
Besides which, who'd buy anything from a corporation where all the workers do all day is drink beer and screw? ;)
A lot of bordellos would beg to differ! ;)
troybal
5th of May 2009 (Tue), 14:35
A lot of bordellos would beg to differ! ;)
ROFL :razz:
Goes to show you that different jobs have different mentalities!
RDKirk
5th of May 2009 (Tue), 14:38
A lot of bordellos would beg to differ! ;)
Generally speaking, the girls in bordellos don't drink. At least not on the job.
mattograph
5th of May 2009 (Tue), 14:39
A lot of bordellos would beg to differ! ;)
Perhaps, but I betchya there's no picture taking at the bordello!
gardengirl13
5th of May 2009 (Tue), 14:39
Generally speaking, the girls in bordellos don't drink.
ah but you're generalizing. What about a call girl who is asked out to dinner and drinks? Or the bordello who has a bar and a nice John insists on a drink?
gardengirl13
5th of May 2009 (Tue), 14:40
Perhaps, but I betchya there's no picture taking at the bordello!
Man, you made me laugh out loud, and at work to boot!!!! :lol:
mattograph
5th of May 2009 (Tue), 14:40
ah but you're generalizing. What about a call girl who is asked out to dinner and drinks? Or the bordello who has a bar and a nice John insists on a drink?
Someones been watching too much HBO......
brecklundin
5th of May 2009 (Tue), 15:32
Perhaps, but I betchya there's no picture taking at the bordello!
But that is only because pictures cost extra! :lol:
Wilt
5th of May 2009 (Tue), 16:06
ah but you're generalizing. What about a call girl who is asked out to dinner and drinks? Or the bordello who has a bar and a nice John insists on a drink?
...so the John pays $20 for his own drink and gets $2 of liquor, and the gal is poured a $20 drink which is apple cider
brecklundin
5th of May 2009 (Tue), 16:11
...so the John pays $20 for his own drink and gets $2 of liquor, and the gal is poured a $20 drink which is apple cider
or vinegar for other uses after-after... :p
mattograph
5th of May 2009 (Tue), 16:52
Look, drunk hookers make change.
'nuff said.
brecklundin
5th of May 2009 (Tue), 16:55
exactly 'muff said... ;) What happens on POTN stays on POTN... :D
argyle
5th of May 2009 (Tue), 17:27
...I know what my employee hand book states and nowhere does it say I cant "fool around" or take pictures...
I think this is where common sense is supposed to kick in...and if the person doesn't have any common sense, he or she shouldn't have been hired in the first place. Best thing is to weed 'em out and hire folks that actually have a clue as to what is "acceptable" behavior while on someone else's dime...
troybal
5th of May 2009 (Tue), 18:52
I think this is where common sense is supposed to kick in...and if the person doesn't have any common sense, he or she shouldn't have been hired in the first place. Best thing is to weed 'em out and hire folks that actually have a clue as to what is "acceptable" behavior while on someone else's dime...
And why would you be telling me this? I am not the one with problem employees......
I think I know how to hire, thank you though.
That's why I am not a hard arse for someone taking pictures. Do you guys not see where I am coming from?
Also in some situations, you may not be the hiring manager, maybe you inherit a group of employees? Yup you may now have Common Sense Less guys on the team that you would have to deal with.
So just to go back some pages.
1. I do not think it is Illegal to take pictures at work. If not documented, however see #2 below.
2. If your employee handbook or your hiring orientation meeting explicitly states NOT to take pictures, then guess what you should not be taking pictures or expect to be written up.
The OP stated there was nothing on this with his "girlfriend's job"
3. I believe you got to have fun at work.
4. If I have a problem employee he would be gone but not because he took a picture or took an extra 5 min lunch break. It would be due to his/her lack of productivity. If he did something wrong I would let him know, I think I owe him that as a Manager. If he continues to do something wrong, I show him the door. Heck I would even open it for him.
5. I don't have issues with an employee taking a picture at work, either while working or while taking a break. On his/her time or work time.
My Opinion, may not reflect yours.....
Wilt
5th of May 2009 (Tue), 18:57
photograpHeR :confused:
argyle
5th of May 2009 (Tue), 20:36
And why would you be telling me this?...
Ummm...because you're the one that posted it?
Does your employee handbook explicitly state that an employee can urinate on your desk instead of using the restroom? No? Must mean that its acceptable to do so then, huh? If you think for a minute that just because something hasn't been spelled out explicitly as "prohibited" behavior in an employee handbook means that it is acceptable, you're completely mistaken. If an employer were required to list every imaginable behavior in a handbook, the darn thing would be as long as the New York City telephone book. There are general conduct clauses covering behavior that could be considered unprofessional or detrimental to the company, and the employer gets to make those decisions. Be realistic...
PS You'd better take a read of your employee handbook for the above "urination prohibition" just in case one of your employees surfs POTN and comes across this thread...he or she just might notice that urinating on your desk is not specifically prohibited and, seeing how you feel about something having to be defined up front as prohibited, well...it could get interesting. I can see it now..."Gee, Mr. Manager...you can't fire me. I read the handbook from front to back and nowhere did it say that I'm not allowed to urinate on your desk". That'd be priceless...
troybal
5th of May 2009 (Tue), 21:30
Ummm...because you're the one that posted it?
Does your employee handbook explicitly state that an employee can urinate on your desk instead of using the restroom? No? Must mean that its acceptable to do so then, huh? If you think for a minute that just because something hasn't been spelled out explicitly as "prohibited" behavior in an employee handbook means that it is acceptable, you're completely mistaken. If an employer were required to list every imaginable behavior in a handbook, the darn thing would be as long as the New York City telephone book. There are general conduct clauses covering behavior that could be considered unprofessional or detrimental to the company, and the employer gets to make those decisions. Be realistic...
PS You'd better take a read of your employee handbook for the above "urination prohibition" just in case one of your employees surfs POTN and comes across this thread...he or she just might notice that urinating on your desk is not specifically prohibited and, seeing how you feel about something having to be defined up front as prohibited, well...it could get interesting. I can see it now..."Gee, Mr. Manager...you can't fire me. I read the handbook from front to back and nowhere did it say that I'm not allowed to urinate on your desk". That'd be priceless...
First of all urination is not in the book because it is a General Crime. So look it up yourself. You don't have to state things that are already a LAW.....
Here is a linky for you in case you want to read up on it and tell me other things that dont have to do with the original post. http://definitions.uslegal.com/p/public-urination/
This is concerning a picture that, what I find funny, a person came on here to ask about a legality issue and folks beat him up for the girl not working. But nobody knows if it was on her break or not. Or if the company has a documentation stating no taking pictures. Its not about fooling around, not about coming to work late, not about missing work or calling in sick when your not. It was a simple question.
Here is his oringal post:
Is it illegal to take a picture at your work(in this case, a tool store) if there is no posted signs or writen documentation when you start your job? I'm pretty sure it doesn't say anything on your hire-on package that states you can't take photos while at work, or at your work.
My girlfriend is getting flack from her work because she took a picture of a coworker, and it was okay with her coworker for them to take the picture, then she posted it on her myspace. The picture is completely innocent and nothing is wrong or incriminating or embarrassing.
Here he mentions nothing about documentation or if they were told, nor does it mention that she was told when she was written up. I think he/she was told they would not be coming on this forum to ask a simple question.
But folks here want to turn this into a "she was not working post" when that's not what he asked.
Do you ever think why every stadium in America has signs posted at the gates and on their websites concerning taking pictures? Do they have anything concerning urination? I can list many other places but why bother?
The reason is because they know the law, they know if they don't post it then it is OK to take pictures and do what you want with them. Do you know why?
If taking photos where so "illegal" then alot of us would be out of Hobbies/Jobs. Don't you think? I mean where would you take pictures? The majority of the pictures I see here are in a "Owned by Someone Somewhere" place is it not? So people stating I cant take any pictures anywhere because I may run into a owner that does not want me to do so? Maybe thats where the "no cameras/no pictures" documentation comes from. Dont you think?
troybal
5th of May 2009 (Tue), 21:32
Since the OP has been attacked on here and no longer interested in the post, I don't see any reason for this to go on.
Eagle
5th of May 2009 (Tue), 21:43
Easy big guy.
1) Pissing on your bosses desk is not public urination because it's not in a public place.
2) If indeed she was on the clock she should have been working. If she was on break she should have been in a designated break area.
3) Has the OP clarified what kind of "flack" she was getting?
If she was on the clock?
And where in the store the pic was taken?
DDCSD
5th of May 2009 (Tue), 21:55
First of all urination is not in the book because it is a General Crime. So look it up yourself. You don't have to state things that are already a LAW.....
Here is a linky for you in case you want to read up on it and tell me other things that dont have to do with the original post. http://definitions.uslegal.com/p/public-urination/
Urinating on someone's desk in an office is not "public" urination.
This is concerning a picture that, what I find funny, a person came on here to ask about a legality issue and folks beat him up for the girl not working. But nobody knows if it was on her break or not. Or if the company has a documentation stating no taking pictures. Its not about fooling around, not about coming to work late, not about missing work or calling in sick when your not. It was a simple question.
Here is his oringal post:
Here he mentions nothing about documentation or if they were told, nor does it mention that she was told when she was written up. I think he/she was told they would not be coming on this forum to ask a simple question.
But folks here want to turn this into a "she was not working post" when that's not what he asked.
We were pointing out that she likely was not accused of a crime, she was written up. She did not get in trouble for illegally taking "a" picture at work. She got written up for taking multiple photos at work and then posting them on the internet. The OP stated in a later post that it was multiple photos.
Do you ever think why every stadium in America has signs posted at the gates and on their websites concerning taking pictures? Do they have anything concerning urination? I can list many other places but why bother?
The reason is because they know the law, they know if they don't post it then it is OK to take pictures and do what you want with them. Do you know why?
It is not illegal to take photos in places that has a "no photos" sign posted. It is illegal to not leave (trespassing) after they ask you to leave because you were taking photos on their property. Even if they don't have a sign posted, they can still ask you to leave if they don't want you taking photos. Taking photos is not part of the legal argument, it is simply the trigger that causes them to tell you that you are not welcome to remain on the premises.
If taking photos where so "illegal" then alot of us would be out of Hobbies/Jobs. Don't you think? I mean where would you take pictures? The majority of the pictures I see here are in a "Owned by Someone Somewhere" place is it not? So people stating I cant take any pictures anywhere because I may run into a owner that does not want me to do so? Maybe thats where the "no cameras/no pictures" documentation comes from. Dont you think?
Again, it isn't about the photos. If it were, your argument would be correct. I'm sure that the manager could care less about the photos (unless they put the company in a bad light.
Take this for example. This kid and the kid making this video were fired because of this video. It wasn't the fact that they made the video or that they posted it on the internet. It was the content of the video.
http://www.msnbc.msn.com/id/21134540/vp/30225758#30225758
Now, imagine them coming on here and proclaiming "We were fired for making a short video at work"!!!
I'm not saying the OP's girlfriend was doing anything remotely as bad as was on that video, but pointing out that its not always as simple as the title says, in fact it rarely is.
If the manager is truly that unreasonable, I doubt anyone would be working under them anymore. I know that I would not be.
DDCSD
5th of May 2009 (Tue), 21:57
Since everyone is stuck on the "taking a photo" thing, here is what the OP stated in a later post. It was not a single innocent photo. It was multiple photos, apparently of random parts of the store (not the break room).
Yeh and most of the pictures weren't of people, they were just of random shots of the store.
troybal
6th of May 2009 (Wed), 07:39
Easy big guy.
1) Pissing on your bosses desk is not public urination because it's not in a public place.
I did not write the law. http://definitions.uslegal.com/p/public-urination/
5) A person is guilty of public urination if the person urinates or defecates: (a) in a public place, other than a public rest room; and
(b) under circumstances which the person should know will likely cause affront or alarm to another.
2) If indeed she was on the clock she should have been working. If she was on break she should have been in a designated break area.
This was not about being on break or not it was if taking pictures were illegal.
3) Has the OP clarified what kind of "flack" she was getting?
If she was on the clock?
And where in the store the pic was taken?
Who cares? The post/question was about pictures at work being illegal.
primoz
6th of May 2009 (Wed), 07:48
I'm pretty sure it doesn't say anything on your hire-on package that states you can't take photos while at work, or at your work.
Unless you are working as photographer it probably says this ;) Maybe not directly, but in general you are at work for doing things related to your work, and since you are not employed as photographer, playing with camera is not really work related thing ;)
Ok on the other side, it's idiotic to fire someone because of this. I mean who is doing only work related things every single second of his/her worktime. I know I don't... unfortunately :)
troybal
6th of May 2009 (Wed), 07:52
We were pointing out that she likely was not accused of a crime, she was written up. She did not get in trouble for illegally taking "a" picture at work. She got written up for taking multiple photos at work and then posting them on the internet. The OP stated in a later post that it was multiple photos.
But again that was not the question the OP asked. Even in later posts.
He just asked if taking pictures was illegal.
It is not illegal to take photos in places that has a "no photos" sign posted. It is illegal to not leave (trespassing) after they ask you to leave because you were taking photos on their property. Even if they don't have a sign posted, they can still ask you to leave if they don't want you taking photos. Taking photos is not part of the legal argument, it is simply the trigger that causes them to tell you that you are not welcome to remain on the premises.
Again, the question was:
Is it illegal to take a picture at your work(in this case, a tool store) if there is no posted signs or writen documentation when you start your job? I'm pretty sure it doesn't say anything on your hire-on package that states you can't take photos while at work, or at your work.
Nobody asked him to leave nor did he care, he simply wanted to know if it was illegal. Maybe posting the above as an answer to his question may have helped him?
Take this for example. This kid and the kid making this video were fired because of this video. It wasn't the fact that they made the video or that they posted it on the internet. It was the content of the video.
http://www.msnbc.msn.com/id/21134540/vp/30225758#30225758
If the manager is truly that unreasonable, I doubt anyone would be working under them anymore. I know that I would not be.
I read the article when it came out but did not view the video, based on what was in the article I did not care to damage my mind on Dominoes or other food places. LOL so I stayed away from the video.
But here is more on why they were fired:
"Both employees were fired and have been arrested and charged with distributing prohibited foods."
But hey to me making the video as they did would have been grounds for unemployment on its own.
The OP stated that
The picture is completely innocent and nothing is wrong or incriminating or embarrassing.
Unlike the Dominoes video.
DunnoWhen
6th of May 2009 (Wed), 10:09
I did not write the law. http://definitions.uslegal.com/p/public-urination/
5) A person is guilty of public urination if the person urinates or defecates:
(a) in a public place, other than a public rest room; and
(b) under circumstances which the person should know will likely cause affront or alarm to another.
Sorry Troybal, I don't think this act is applicable for 3 reasons...
1) It isn't a public place.
2) person should know. Any person doing so would seem to have little common sense and so it seems unlikely that it could be shown that they "should know will likely cause affront or alarm to another".
3) as written above, the law states in a public place... ; AND under circumstances.. The important word here is the AND. It requires sections (a) and (b) to have been violated.
I didn't realize that photography could be such fun:)
troybal
6th of May 2009 (Wed), 10:35
Sorry Troybal, I don't think this act is applicable for 3 reasons...
1) It isn't a public place.
2) person should know. Any person doing so would seem to have little common sense and so it seems unlikely that it could be shown that they "should know will likely cause affront or alarm to another".
3) as written above, the law states in a public place... ; AND under circumstances.. The important word here is the AND. It requires sections (a) and (b) to have been violated.
I didn't realize that photography could be such fun:)
Maybe in the UK it is ok.
http://www.thedailymash.co.uk/news/health/getting-drunk-and-urinating-on-your-boss%27s-desk-is-not-your-fault,-say-experts-20071018475/
Public Place definition:
http://definitions.uslegal.com/p/public-place/
If I am in a retail store as a customer I may be invited into an office therefore the office is considered public. That's my two cents but read the definition link above.
DunnoWhen
6th of May 2009 (Wed), 12:23
If I am in a retail store as a customer I may be invited into an office therefore the office is considered public. That's my two cents but read the definition link above.
Sorry Troybal, have to respond to your post.
I don't think the definition you linked helps your case.
I read it carefully and made the following observations..
The fact that you were invited into that office implies that, as a general rule, said manager's office is not normally an area open to the general public by right(First Paragraph)
Also from the first paragraph..
A place is public when ...
*)... not a place (when) used exclusively by one or more individuals for a private gathering or other personal purpose.
The second paragraph states that a public is one...
*) ...used by the general public.
*)... serving as a place of work containing two hundred fifty or more square feet of floor space.
I would suggest that most manager's offices are neither used by the general public (by right) and are somewhat smaller.
troybal
6th of May 2009 (Wed), 13:13
Sorry Troybal, have to respond to your post.
I don't think the definition you linked helps your case.
I read it carefully and made the following observations..
The fact that you were invited into that office implies that, as a general rule, said manager's office is not normally an area open to the general public by right(First Paragraph)
I read it this way.
to which the public have access by right or by invitation,
So he/she, me, you etc.. don't have to have the right, but if we are invited, then its considered public.
A place is public when ...
*)... not a place (when) used exclusively by one or more individuals for a private gathering or other personal purpose.
I took this as the WHOLE place not a room in the place.
"Public place" means any enclosed indoor area used by the general public or serving as a place of work containing two hundred fifty or more square feet of floor space, including, but not limited to, all restaurants with a seating capacity greater than fifty, all retail stores, .............
The second paragraph states that a public is one...
*) ...used by the general public.
I read the OR part of that message and took the 250 feet of the whole owned place. I am sure business such as OPs Tool Store is bigger then 250 sq. ft.
"Public place" means any enclosed indoor area used by the general public or serving as a place of work containing two hundred fifty or more square feet of floor space,
*)... serving as a place of work containing two hundred fifty or more square feet of floor space.
I would suggest that most manager's offices are neither used by the general public (by right) and are somewhat smaller.
Again, I took it as stated above.
But hey why don't you go try it and let us know how it goes? I mean if you don't get arrested for public urination I am sure there are 100+ laws that will get you in jail. Therefore my point that there is something Illegal about it but not about taking pictures such as in this OPs post.
I don't understand all the fascination with urinating.
DunnoWhen
6th of May 2009 (Wed), 13:30
But hey why don't you go try it and let us know how it goes? I mean if you don't get arrested for public urination I am sure there are 100+ laws that will get you in jail. Therefore my point that there is something Illegal about it but not about taking pictures such as in this OPs post.
No thanks. I don't want to visit the USA at the moment. Those damned immigration wallahs at LAX pi**ed me off the last time I was there. Mucked around with my camera gear.
But, as to some other statute, if I was still a UK copper, I probably nick myself for criminal damage or some such, just to be on the safe side:).
troybal
6th of May 2009 (Wed), 13:34
No thanks. I don't want to visit the USA at the moment. Those damned immigration wallahs at LAX pi**ed me off the last time I was there. Mucked around with my camera gear.
But, as to some other statute, if I was still a UK copper, I probably nick myself for criminal damage or some such, just to be on the safe side:).
LOL. I have been through immigration at LAX as well and JFK. Its not fun because you also know you can't raise your voice or give them a piece of your mind. You will end up in back of the line or waiting in one of them "rooms".
RDKirk
6th of May 2009 (Wed), 13:51
ah but you're generalizing. What about a call girl who is asked out to dinner and drinks? Or the bordello who has a bar and a nice John insists on a drink?
The bordello bartender is going to give the girl something "virginal" regardless what she appeared to have ordered--which will still cost the John as much as a regular drink. But the bordello isn't going to let its girls get drunk on the job--that is deadly to business, and they are all about the business.
A call girl getting drunk while on a "date" is a very stupid person who is not going to last long.
RDKirk
6th of May 2009 (Wed), 13:59
Since everyone is stuck on the "taking a photo" thing, here is what the OP stated in a later post. It was not a single innocent photo. It was multiple photos, apparently of random parts of the store (not the break room).
Which is something most stores don't permit.
An important point to be mentioned (again) is that at least in the US, and contrary to the presumption of some people inthis discussion, it is not legally necessary for an employer to have previously specified in writing or by any other method every little event that can be cause for the dismissal of an employee.
"Cause for dismissal" is up to the employer's discretion at any moment.
It is only required that the cause not be a case of certain specific kinds of group discrimination--which would end up having to be proven in court.
DDCSD
6th of May 2009 (Wed), 14:02
But again that was not the question the OP asked. Even in later posts.
He just asked if taking pictures was illegal.
And that question was answered. He then changed his story to "she was written up for taking multiple photos" (not direct quote, but I've quoted both of those statements enough in this thread). Some of us then went on to explain why this likely happened, and that it most likely had nothing to do with any legal issues or even anything to do with taking photos.
DDCSD
6th of May 2009 (Wed), 14:04
It is only required that the cause not be a case of certain specific kinds of group discrimination--which would end up having to be proven in court.
Just to continue this thought a bit:
Which is why employers "write people up". So that they have documentation as to why they fired someone in case they are ever sued in that court of law. Which is likely why the girl was written up.
troybal
6th of May 2009 (Wed), 14:09
And that question was answered. He then changed his story to "she was written up for taking multiple photos" (not direct quote, but I've quoted both of those statements enough in this thread). Some of us then went on to explain why this likely happened, and that it most likely had nothing to do with any legal issues or eve
an anything to do with taking photos.
He was clarifying that that most of the photos were not of people as someone asked about her being ok with a photo being taken of her.
He was not asking another question.
Which is something most stores don't permit.
An important point to be mentioned (again) is that at least in the US, and contrary to the presumption of some people inthis discussion, it is not legally necessary for an employer to have previously specified in writing or by any other method every little event that can be cause for the dismissal of an employee.
Totally agree with you! The OP was just asking if it was illegal to take pictures.
DDCSD
6th of May 2009 (Wed), 14:11
He was clarifying that that most of the photos were not of people as someone asked about her being ok with a photo being taken of her.
He was not asking another question.
Totally agree with you! The OP was just asking if it was illegal to take pictures.
I guess we shouldn't waste our time trying to help someone by educating them and instead just answer "yes", "no" or "maybe".
troybal
6th of May 2009 (Wed), 14:17
I guess we shouldn't waste our time trying to help someone by educating them and instead just answer "yes", "no" or "maybe".
I never have an issue with educating someone but between his first post and yours nobody commented on it being illegal/legal. Don't you think it should start there and then state the other items to help him in the future?
Eagle
6th of May 2009 (Wed), 19:17
LOL. I have been through immigration at LAX as well and JFK. Its not fun because you also know you can't raise your voice or give them a piece of your mind. You will end up in back of the line or waiting in one of them "rooms".Why would you need to "raise your voice or give them a piece of your mind" to any authoritative figure?
I guess we shouldn't waste our time trying to help someone by educating them and instead just answer "yes", "no" or "maybe".I'm not sure he would understand maybe, better stick to yes or no.
I never have an issue with educating someone but between his first post and yours nobody commented on it being illegal/legal. Don't you think it should start there and then state the other items to help him in the future?I believe it has been commented on in these posts, 35, 36, 48, 64, 111 (your own post), 114 (yours), 117, all of these address the original question.
troybal
6th of May 2009 (Wed), 19:33
Why would you need to "raise your voice or give them a piece of your mind" to any authoritative figure?
No comment
I'm not sure he would understand maybe, better stick to yes or no.
because you don't want to give him a chance?
I believe it has been commented on in these posts, 35, 36, 48, 64, 111 (your own post), 114 (yours), 117, all of these address the original question.
Do I need say more?
birdfromboat
8th of May 2009 (Fri), 21:43
Illegal? no. Against company policy? ask your boss. If you are on the premises to earn money, I suggest you either do what the person with the money wants you to do or find another place to earn money. I f my boss told me he didn't want me to wear womens underwear anymore because he thought it was affecting my ability to concentrate, I would stop wearing them. This is a purely hypothetical situation, as I do not wear womens underwear out of fear that my boss might not approve. As long as he is writing the paychecks, I will refrain from doing anything he feals might interfere with my ability to do my job efectively- even the frilly green ones that don't make my behind look all lumpy.
Jaymz
9th of May 2009 (Sat), 01:24
I f my boss told me he didn't want me to wear womens underwear anymore because he thought it was affecting my ability to concentrate, I would stop wearing them. This is a purely hypothetical situation, as I do not wear womens underwear out of fear that my boss might not approve.
:shock: ;)
brecklundin
9th of May 2009 (Sat), 01:29
Illegal? no. Against company policy? ask your boss. If you are on the premises to earn money, I suggest you either do what the person with the money wants you to do or find another place to earn money. I f my boss told me he didn't want me to wear womens underwear anymore because he thought it was affecting my ability to concentrate, I would stop wearing them. This is a purely hypothetical situation, as I do not wear womens underwear out of fear that my boss might not approve. As long as he is writing the paychecks, I will refrain from doing anything he feals might interfere with my ability to do my job efectively- even the frilly green ones that don't make my behind look all lumpy.
You mean like zisssss:
birdfromboat
9th of May 2009 (Sat), 11:29
I hope that shot was not taken while on the clock.
brecklundin
9th of May 2009 (Sat), 11:50
I hope that shot was not taken while on the clock.
hahaha...actually yeah, I was on the clock and the "accessorizing" & make-over were also done on the clock, in Photoshop. I bet everything took all of 10-15mins at the most. Then again, I'm was the boss and I actually encouraged such behavior. Keeps everything light hearted and when we had deadlines everyone was dead serious but not anxious. Makes it a lot more fun. I just feel that people spend more of their lives with the people they work with and that it's completely possible to have some fun, in a responsible fashion, while still doing top notch work. And trust me our fees were HIGH. Had too because we had more work than we could handle reasonably. And adding more staff diluted any end of year profit sharing.
BTW, apparently I had the "make-over" coming since I told someone she "did pretty good work....for a girl"...hehehehehe. Sooo, whenever the boss got out of line I was reminded that more can be done to "improve" the shot.
As you can tell, I think the edit was funny as all heck.
asysin2leads
9th of May 2009 (Sat), 13:40
WOW! I've read all 10 pages and I am SOOOOO ready for a strong drink...........and I don't drink. Ok, let me take a crack at this.
1. I think that troybal got all his 119 posts in this single thread.
2. Have we confirmed that the OP's girlfriend was in a retail environment? If so, I know that many retail stores prohibit photography in ANY form (including cell phone). My wife and I were at the local home improvement store picking up a few things and saw a guy asked to leave because he was going around snapping pics of price tags and merchandise.
As someone who has worked in HR and management, I've seen the wide range of employee types. I've had people who we had to tell to take a day off, because that's the they of work ethic they had. We had a guy who was 20 years old. He had never missed a day of school (including kindergarten) and had never called off work. He started with us the day after he graduated from high school. He was also a full-time college student and held down a full-time job, too. His sister was the same way. So were 4 of his cousins. His plan was to work and get through college and then take 2 months off to travel. Anyway, I digress.
This thread has rambled on and on and on for 10 pages and has said the same thing all 10 pages. While it may not be illegal to take photos at work (and it very well may be illegal), it may not be in the best judgement. Unfortunately, there are those who have absolutely ZERO common sense and have to have everything spelled out to them. Yes, they may be brilliant, but they're stupid. Book smarts don't cover common sense (street smarts).
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