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

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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