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Old 08-10-18, 12:57 PM   #1
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Any law on posting a co-workers picture on Facebook?

I'm a Custodian in an Elementary school. Yesterday, one of my co-workers found another one of my co-workers taking a nap in the Nurse's office on the exam table in his underwear. Thought it'd be funny to take a a picture & post it on Facebook. Tagged all my co-workers as well as the guy that was sleeping in his panties. When he woke up, I brought it to his attention. He asked me to delete it, which I did... a few hours later. Today, boss had a meeting with my supervisor & the guy who's picture I took. Boss says this was illegal & charges could be pressed against me & I was told he was trying to convince the guy to call the cops to press charges but he didnt want to. This guy was wearing a shirt & boxer briefs. I don't think what I did was illegal but I could be wrong. Could this guy really press charges if he wanted to ??
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Old 08-10-18, 12:59 PM   #2
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Re: Any law on posting a co-workers picture on Facebook?

In this day and age, of course he could press charges. I'm not sure how doing something like that could be perceived as funny. You all work in a public school, if one parent see it and says something, it could really be spun into something major.
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Old 08-10-18, 01:04 PM   #3
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Re: Any law on posting a co-workers picture on Facebook?

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Originally Posted by JZ1276 View Post
I'm a Custodian in an Elementary school. Yesterday, one of my co-workers found another one of my co-workers taking a nap in the Nurse's office on the exam table in his underwear. Thought it'd be funny to take a a picture & post it on Facebook. Tagged all my co-workers as well as the guy that was sleeping in his panties. When he woke up, I brought it to his attention. He asked me to delete it, which I did... a few hours later. Today, boss had a meeting with my supervisor & the guy who's picture I took. Boss says this was illegal & charges could be pressed against me & I was told he was trying to convince the guy to call the cops to press charges but he didnt want to. This guy was wearing a shirt & boxer briefs. I don't think what I did was illegal but I could be wrong. Could this guy really press charges if he wanted to ??
Some of it depends on your company's policies. In my case, I work for a Healthcare organization and it is actually illegal to post pictures of patients without their consent. It's a HIPAA violation and you can face fines from the US Office of Civil Rights and also personal lawsuits from the patient's family. If it's not healthcare related, I'm not certain. According to Legalzoom, it's not illegal to post a pic of someone as long as they are not naked.

Back to your company's policies. If the company has a policy against the posting of the photo, you could well be fired I think. Check the employee manual from HR.
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Old 08-10-18, 01:37 PM   #4
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Re: Any law on posting a co-workers picture on Facebook?

Illegal or not, I find your actions pretty immature. This is something I expect from high school or college kids. For you to be out in the workforce and posting something like that in public on social media shows a remarkable lack of judgment.

If you were close friends I could see you taking that picture and sharing it at most with a small group chat of other close friends, but Facebook? I can't believe you thought this was a good idea.
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Old 08-10-18, 01:38 PM   #5
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Re: Any law on posting a co-workers picture on Facebook?

If this is the first time something like that has happened, I'd say that it doesn't rise to the level of workplace harassment. But if it's part of a pattern, you could be in trouble.

In workplace harassment training, we were taught that the rule of thumb is that a joke is okay if you would feel comfortable telling it to your grandmother. I wouldn't feel comfortable sending a picture of a co-worker in his underwear to my grandmother.

And of course, there are company rules as well. I don't know what the rules are where you work. Where I work, we aren't allowed to take pictures at all.
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Old 08-10-18, 01:48 PM   #6
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Re: Any law on posting a co-workers picture on Facebook?

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Illegal or not, I find your actions pretty immature. This is something I expect from high school or college kids. For you to be out in the workforce and posting something like that in public on social media shows a remarkable lack of judgment.

If you were close friends I could see you taking that picture and sharing it at most with a small group chat of other close friends, but Facebook? I can't believe you thought this was a good idea.
Agreed. Not that I would ever find myself in a situation where I'm sleeping at work in my underwear but if it were me, I'd want you fired asap.
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Old 08-10-18, 01:59 PM   #7
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Re: Any law on posting a co-workers picture on Facebook?

I'm confused, so your boss is more concerned about you posting the pic than about your co-worker sleeping on the job while in his underwear? Are you guys hiring?
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Old 08-10-18, 02:03 PM   #8
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Re: Any law on posting a co-workers picture on Facebook?

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I'm confused, so your boss is more concerned about you posting the pic than about your co-worker sleeping on the job while in his underwear? Are you guys hiring?
And it's at an elementary school lol
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Old 08-10-18, 02:03 PM   #9
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Re: Any law on posting a co-workers picture on Facebook?

Definitely sounds like a firing offense, but I don't see anything criminal in what you did.
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Old 08-10-18, 02:17 PM   #10
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Re: Any law on posting a co-workers picture on Facebook?

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I'm confused, so your boss is more concerned about you posting the pic than about your co-worker sleeping on the job while in his underwear? Are you guys hiring?

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Old 08-10-18, 02:17 PM   #11
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Re: Any law on posting a co-workers picture on Facebook?

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Old 08-10-18, 02:18 PM   #12
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Re: Any law on posting a co-workers picture on Facebook?

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I'm confused, so your boss is more concerned about you posting the pic than about your co-worker sleeping on the job while in his underwear? Are you guys hiring?
No shit that is the biggest concern??
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Old 08-10-18, 02:18 PM   #13
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Re: Any law on posting a co-workers picture on Facebook?

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I'm confused, so your boss is more concerned about you posting the pic than about your co-worker sleeping on the job while in his underwear? Are you guys hiring?
Could be a spot or two opening up soon on the custodial staff.
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Old 08-10-18, 02:22 PM   #14
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Re: Any law on posting a co-workers picture on Facebook?

Sorry dude. But, I think your employment at this school could be toast. I would expect a meeting with HR any day now.

I don't think what you did can be considered criminal, but posting a humiliating photo of a colleague on public social media could be considered harassment and a hostile work environment. It definitely constitutes termination.
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Old 08-10-18, 02:30 PM   #15
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Re: Any law on posting a co-workers picture on Facebook?

You both should be fired. Him for sleeping on the job in his underwear and you for posting the picture.
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Old 08-10-18, 02:32 PM   #16
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Re: Any law on posting a co-workers picture on Facebook?

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I don't think what you did can be considered criminal, but posting a humiliating photo of a colleague on public social media could be considered harassment and a hostile work environment. It definitely constitutes termination.
Absolutely they could get you on harassment, creating a hostile work environment, or invasion of privacy. Your other co-workers may also have an problem with this, as it can become an issue of "trust."
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Old 08-10-18, 02:39 PM   #17
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Re: Any law on posting a co-workers picture on Facebook?

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Absolutely they could get you on harassment, creating a hostile work environment, or invasion of privacy. Your other co-workers may also have an problem with this, as it can become an issue of "trust."
I wonder if his employer has given him adequate training on workplace harassment law. They make it crystal clear at my company.
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Old 08-10-18, 02:40 PM   #18
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Re: Any law on posting a co-workers picture on Facebook?

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I wonder if his employer has given him adequate training on workplace harassment law. They make it crystal clear at my company.
If someone needs to be trained to know that posting humiliating pictures of coworkers on social media is bad idea, they're not worth hiring in the first place.
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Old 08-10-18, 02:41 PM   #19
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Re: Any law on posting a co-workers picture on Facebook?

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Thought it'd be funny to take a a picture & post it on Facebook. Tagged all my co-workers as well as the guy that was sleeping in his panties.
Spoiler:
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Old 08-10-18, 02:45 PM   #20
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Re: Any law on posting a co-workers picture on Facebook?

DO NOT MIX WORK AND SOCIAL MEDIA.

I swear... posting stuff like this, people sleeping on the job or clowning around in office, reflects poorly on both the workplace and the employees. I realize that facebook and instagram are big parts of a lot of peoples' lives now, but use some fucking discretion.

You're both going to be lucky if you keep your jobs.
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Old 08-10-18, 02:49 PM   #21
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Re: Any law on posting a co-workers picture on Facebook?

Well, why was he in the nurse's office? Was he being treated for something and dosed off?
If that's the case then I would think it could be a HIPPA violation.
Grey area, since you don't actually work in the nurse's office though.

idk, I was hoping this was going to be another photoshop my friend post...
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Old 08-10-18, 02:55 PM   #22
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Re: Any law on posting a co-workers picture on Facebook?

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Could be a spot or two opening up soon on the custodial staff.
They might even be looking for a new nurse once they find out how he got in that office.
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Old 08-10-18, 03:19 PM   #23
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Re: Any law on posting a co-workers picture on Facebook?

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You both should be fired. Him for sleeping on the job in his underwear and you for posting the picture.
This.
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Old 08-10-18, 03:20 PM   #24
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Re: Any law on posting a co-workers picture on Facebook?

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Tagged all my co-workers as well as the guy that was sleeping in his panties.
Um, what the hell?
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Old 08-10-18, 03:23 PM   #25
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Re: Any law on posting a co-workers picture on Facebook?

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Spoiler:
Yes. I was confused by the boxers being referred to as 'panties,' as well.

As for the legality, I'd be very surprised if there was any legal issue, there. But definitely a poor decision.

And how much does your boss hate you if he's trying to convince someone to press legal charges against you for something relatively minor.
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