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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.