Are employers allowed to delay request to view cameras in a theft incident?

UPDATED: Sep 30, 2022

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Are employers allowed to delay request to view cameras in a theft incident?

I’m a manager/Bartender and one evening my drawer was short $80. I know for a fact I was not at fault do to other employees knowing my code to get in the register and I am the employee that’s been there longer than anyone since they opened and in 2 years my drawer has never been short. I asked to view the surveillance cameras and the monitor to view is not working, they placed a call into tech support and it has now been a week without being able to view. Are they allowed to do this? They made my pay the 80 so they are at no loss and it seems like they don’t care. Do I have a right as an employee to view the cameras if I believe someone stole from me?

Asked on July 26, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You do not have a right to view the *employer's* cameras or videotapes unless and until there is a legal action and, in the course of that action, you use legal process, such as subpoena duces tecum (a subpoena requiring documents, phototapes, video, etc. to be provided). Only legal process can compel your employer to show you the tapes or footage.

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 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.

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