What are my rights to video evidence that was taken in my truck by my employer’s camera?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights to video evidence that was taken in my truck by my employer’s camera?

I was just fired today from my job as a truck driver. The company has drive cameras installed on the trucks. It’s 1 unit, mounted on the windshield, with 2 cameras, 1 facing outward through the windshield, the other facing inward watching the driver which I find creepy as hell. The company saw on the interior facing camera what they perceived to be me texting while driving illegal under FMCSA regulations. I was not. I was changing the song on my MP3 player which is not illegal. You can even hear the song change in the video. I am filing a grievance with the union on this matter and requested a copy of the video from the employer. The response I received was this,

Asked on March 22, 2016 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is their video camera and their video footage, and you agree (implicitly) to be videoed when you work by continuing to work (not quiting) when they started videoing. For all those reasons--they own the camera and footage; your implicit consent to be videoed--they have no obligation to share it with you unless you use legal process. That is, if you file a lawsuit against your employer, such as for wrongful termination, during the lawsuit, you could use legal process (like "document" production requests--videos are documents for this purpose) to get access to the video. Of course, getting access to the video does not guaranty you'll win...for example, say that you can show you were changing the MP3 player: if it still appears that you were driving distractedly (paying attention to the player, not the road), they could most likely terminate you for that reason, too.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption