What can you do if an employer says they have video evidence?

What can you do if an employer says they have video evidence but also state as the employee you are not allowed to see it? How can you defend yourself if you know the accusation is not true but not able to prove this and they refuse to let you see their "evidence"?

1 answer  |  asked Oct 8, 2013 06:43 AM [EST]  |  applies to Texas

Answers (1)

Neil Klingshirn
Disclaimer: I am an Ohio lawyer and I am not licensed to practice in Texas, so all I can offer is general information.

You may be able to get the video through the Texas unemployment compensation proceedings. If Texas is like Ohio and if your employer contests your unemployment compensation claim, you have the right to a hearing. With the hearing in Ohio you have the right to subpoena company records.

It may not hurt to email the company with a request for the video and a request that the company not delete it. Even if the company does not give you a copy now, it probably has a duty not to destroy whatever it has.

posted by Neil Klingshirn  |  Oct 8, 2013 07:09 AM [EST]

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