NC private employer is making mandatory that all employees show up to be in a marketing video that will be posted on our company website. Can he do that?

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Originally Posted by pkbass

NC private employer is making mandatory that all employees show up to be in a marketing video that will be posted on our company website. Can he do that?

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Yes, assuming you don't have an employment contract to the contrary.

If you don't like it, quit.

Yet some counsel will advise that no personal images be put out to the media without written consent. I would hate to be the company who is sued by someone who was stalked/ harmed after a picture is seen online.
If I were a young attractive female I might be more concerned about a video of me. Of course the law doesn't address such differences; it just might be part of any discussion before deciding to risk your job by refusing. I don't mean being fired, I mean good employer relationships, promotions, and raises.

One identical Q I looked at had a response from a lawyer who equivocated, asking not only about company policy and the contract but also about what kind of picture and what kind of business.

The answer really depends on why you wouldn't want to be in this video... if your wanted by the FBI well then it understandable why you wouldn't want your picture taken... but if you just want to be a pain in the butt you probably are not happy where you work and it may be time for you to move on out...

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Originally Posted by joypulv

... I would hate to be the company who is sued by someone who was stalked/ harmed after a picture is seen online. ...

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Oh, come on. If I see a picture online, and am so smitted with one individual pictured that I decide to go to the place of business, stalk & harm that person, it's very unlikely that a court would find that such harm was proximately caused by the posting of the picture.

If I go into a grocery store and see a cashier that I wish to stalk, Is the store liable for any resulting injury? In such a situation, Proximate causation is much more real. Do employees have the right to wear birkas if they are this paranoid? I think not.

Unless there are religious reasons, there are some religious groups that will not allow photographs, and you can not violated their rights.

But you can of course refuse, and see if they will fire you or not. I guess the issue is, how big of deal, if it is worth risking your job, go for it.

I reported what I read elsewhere on the net. E.g. one web site designer was told by his boss to put employee pictures on but the lawyer said he had to have a release from each one.

Although the store clerk analogy is a good one, I think the public perception of the 2 scenarios is different. In the store, customers can be seen employees and possibly cameras, and someone stalking might be presumed to be local. In the media, your audience is larger. On the net, you are seen worldwide and can't see back, and haven't a clue how to trace someone.

I'm not saying I would refuse a company video, despite being camera shy. For one thing, I'd want to keep my job.

If the company makes it mandatory for all employees without discrimination, then it would be considered a requirement of employment. The company would have to cover itself by putting it in the Employee manual or such. I was recently at a conference where they had a big sign saying that marketing pictures will be taken and if you don't like that, don't enter the conference room.

An aside to the OP. This site offers help from a variety of people with a variety of styles. If you don't like the comments of one answerer, you can use the Report Inappropriate Post link to report it. But as long as the response doesn't violate our rules, its valid. You can ignore any advice you don't like, but you can't dictate the style of the responders.

Hello p:

Being a person who has SOLD his image for MONEY, I would do it ONLY if I were paid specifically for my picture.

excon