Can I sue the person who took my nude photos off an adult-site and gave them to my boss who in turn is threatening to fire me?

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Can I sue the person who took my nude photos off an adult-site and gave them to my boss who in turn is threatening to fire me?

I posted some nude photos on an adult site many years ago and one of my co-workers took the pictures off the site. Once I became a boss and had to discipline him/her they then in turn called the boss and said they had these photos. My boss in turn told me that I might be demoted or fired depending on what the photos are. They have nothing to do with my job. It was on my free time. The photos also contain pictures of my boyfriend alone and he has nothing to do with my job at all. Can he sue my company too.

Asked on August 28, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue the person who took copies of your nude photos off of an adult site and provided them to your employer. The problem is that the chances of you proving liability and damages against the person who did this are pretty remote for the following reasons:

1. the photos of you are part of the public domain and are presumed to be easily accessed. As a result, you have no jusitifiable expectation of privacy;

2. the photos of yourself that are part of the public domain were most likely voluntarily allowed to be taken by you and posted.

3. since you allowed such photographs to be taken of you, you ran the risk in the future that you might be embarrased if they came to light in certain situations which in this case is your work environment.

If you have any grievance against anyone it would be against the person who posted the photographs of you online if that person did not have ownership of the photgraphs and your permission to post them. You apparently posted these photographs yourself.

As to any grievance that your boy friend might have, he would be in the same legal position as you. He has no factual basis to sue your employer. Your employer did not place his photographs online.


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