Can you ask employer for copy of video incident that resulted in termination?

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Can you ask employer for copy of video incident that resulted in termination?

My daughter was recently terminated from daycare position; it cited roughness with a child. This was the only incident in over the 10 years of her employment. As this may be damming to her reputation as daycare teachers aide, does she have the right to ask for copy of video of the alleged incident?

Asked on December 6, 2016 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your daughter was facing criminal charges, then as part of the "discovery" process, she or her attorney could request to see the video of the alleged incident. Otherwise, she has no right to view it for the purposes of her termination. The fact is that absent a union agreement or employment contract to the contrary, a company can set the conditions of the workplace much as it sees fit. Additionally, your daughter would have a claim if her treatment was based on some form of legally actionable discrimination (i.e. based on her race, religion, age (over 40), disability, etc.). Absent that, her employer is free to do as it wishes regarding the video.


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