Do I have a small claims lawsuit thing?

UPDATED: Sep 30, 2022

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Do I have a small claims lawsuit thing?

I was recorded outside of work
talking badly about a company I
work for. But I did not give any
consent to be in a video of any
sort. Now I have been suspended
from work because someone recorded
me without my consent. Do I have a

Asked on January 31, 2017 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may be able to sue the person who recorded you without your consent IF the person who recorded you was not a person you were speaking to. If you were talking to that person, then it was legal for him to record you: in your state, all it takes is one of the participants in a conversation to consent to recording and it is legal, so if he was a participant, his choosing to record is his consent to the recording. 
If was not a participant in the conversation, but was a 3rd party recording other people, then the recording was illegal and you may be able to sue him--if you believe this was the case and want to pursue this option, consult with a personal injury attorney.
You have no claim against your job or employer, unless the suspension was in violation of a written employment contract (if it was, you could sue for breach of contract to enforce the  contract's terms). Without a contract, employment is "employment at will" and you could be suspended (or demoted, fired, etc.) at any time, for any reason at all.

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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