Q: My manager caught on camera going into my deli three times went into my purse and phone.i still work here, Can I sue?

I went into work on a Sunday my off day to change the grease from the fryer. Went outside to get the containers to put the old grease in, come back in manager weirdly hurryingly with a weird look on his face coming out of my deli, another girl employed by us was sitting in front of my deli on a milk crate,which never happens.(ALL) very odd to me & my purse & phone were disarray. I didn’t say anything to either of them,however:I was most uncomfortable ,felt as though my privacy had been invaded,Humiliation is what I felt. On Monday -fellow employee that runs the liquor store come into work ;I went over,ask her to look at the cameras,&she did;she confirmed manager &the girl going into the deli into my things. However, the manager went three different times. I told owner, in front of liquor store manager;(he /owner:didn’t do anything:(I said tohim:wat would youdo,if its ur wife’s things manger went in?Watbout repercussion,consequences? I still work here,but it’s not just OK. Can I sue

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Yes, you can potentially sue your manager and employer for invasion of privacy under Georgia law. Some key points:

- Georgia recognizes invasion of privacy as a common law tort. Going through someone's personal belongings without consent constitutes invasion of privacy.

- You have evidence via the surveillance cameras showing your manager went through your purse, phone, etc. without your permission on three separate occasions. This helps prove your claim.

- Even though the invasion happened at work, employees still have a reasonable expectation of privacy for personal possessions stored at work, especially in a locked deli area.

- You reported the issue to the owner, who failed to take reasonable corrective action against the manager. This helps build the case against both the manager personally and the company.

- You can sue for actual damages like emotional distress, punitive damages to punish intentional misconduct, and potentially lost wages if constructively discharged. An employment lawyer can assess the full scope of damages.

I would recommend first sending a demand letter threatening legal action unless appropriate discipline, policy changes, and compensation occur. If that does not yield results, filing suit in Georgia state court against the manager and employer jointly is the next step. Consult with a local employment lawyer to evaluate your specific options. But you certainly appear to have a valid case worth pursuing based on the invasion of privacy shown by evidence.

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