Is it legal to video record my co worker who has been harrassing me and tampering with my work ?

At my job she charted on my 2 patients that
she had no business in charting on and write
things that were not true and today my
paperworks were missing when I came back
from break and she has been harrassing me. I
wanted to know if I can video record her to
catch her in the act in California

Asked on May 29, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Legally, you can videotape (NOT audiotape) another person in a publc space, including public areas of a workspace (i.e. not in a changing room, her own cubicle or office, etc.). Of course, if your employer finds out and objects, legal or not, if you don't have a written employment contract protecting your employment, they could fire you--when there is no contract, all employment is "employment at will," meaning you could be fired at any time, for any reason (including objecting to videotaping at work) whatsover.

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