Does my company have the right to take my photo without my knowledge or consent and then later use it?

UPDATED: Sep 30, 2022

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Does my company have the right to take my photo without my knowledge or consent and then later use it?

I work for a retail company called rue21, and my district manager takes photos of
bad examples of things and uses them in a slideshow presentation at the annual
manager meetings to basically have a laugh. Photos include botched mannequins,
incorrect window displays, and other things that can go wrong in retail. New Link Destination
day I
found out that she included a photo of me in my workplace, which I did not have
any knowledge of her taking. She also did not ask for my permission before taking
the photo or using it in her slideshow, where she and other members of upper
management essentially made fun of me at a corporate sponsored event. I was
wondering what my rights were in regards to this sort of situation and what legal
grounds the company has to use my photo in a demeaning way without my knowledge
or consent.

Asked on March 25, 2017 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you work someplace knowing of itsemployment policies or practices, you are held to have implicitly consent to them--that is your agreement to them is found in or demonstated by your continuing to work there (and not quitting/resigning) when you know what the employer does. You obviously know that that they take photographs of employees to use as examples in mangerial meetings; therefore, by continuing to work there, you have consented to allowing them to do this.

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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