Do I need a lawyer to get surveillance video of certain days that I worked in a store?

I was wrongfully terminated from a 3rd party vender working there. Could I

ask and get them or do I need a lawyer to get them?

Asked on June 7, 2018 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You do not need a lawyer, but you would need to sue first. The reason is that the only way to get the video if they choose to not voluntarily give it to you is to subpoena the video (if the store is not a party to the lawsuit--i.e. you are not suing the store) or use the legal mechanisms of "discovery," like document production requests (if the store is a party, so if you are suing them). However, subpoenas and discovery are only available when there is a legal action; so you would need to file your lawsuit first, before having the video; then, in the course of that lawsuit, assuming that the video is relevant to your case (you can only get relevant information, documentation, videos, etc.), you could get it. Since you are allowed to sue as your own lawyer or "pro se," that is why you do not need an attorney (though one is recommended).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You do not need a lawyer, but you would need to sue first. The reason is that the only way to get the video if they choose to not voluntarily give it to you is to subpoena the video (if the store is not a party to the lawsuit--i.e. you are not suing the store) or use the legal mechanisms of "discovery," like document production requests (if the store is a party, so if you are suing them). However, subpoenas and discovery are only available when there is a legal action; so you would need to file your lawsuit first, before having the video; then, in the course of that lawsuit, assuming that the video is relevant to your case (you can only get relevant information, documentation, videos, etc.), you could get it. Since you are allowed to sue as your own lawyer or "pro se," that is why you do not need an attorney (though one is recommended).


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