Is it legal for a co- worker to take a picture of someone sleeping on the job and send it to the boss?

I work in a home for the mentally ill. I feel asleep one day and a co- worker took a picture of me and sent it to the boss. A few days later he called and told me I was fired. I asked to see the pictures but he refused; he stated he had 5 from different days I no this not true. The company has a no picture taking policy in place to protect the clients living there.

Asked on July 11, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The conduct of your co-worker taking a picture of you on the job asleep where you should have been awake taking care of mentally ill people and sending such to your boss was not illegal. The reason is that you have no justifiable expectation of privacy when you are on the job doing what you do on a normal basis other than having privacy in the bathroom.

From what you have written, the conduct of the co-employee is no different than you being depicted on security cameras asleep at your post.


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