Employers have used a number of approaches to thwart theft in the workplace. Amazon recently came under some criticism for its approach: showing videos of employees who were identified as having engaged in theft on flat screen TVs in the workplace, sometimes with words like “arrested” stamped on the silhouette of the employee.
While generally employers are permitted to use video surveillance without audio in workplace locations where employees do not have an expectation of privacy (e.g. areas other than restrooms, changing areas, etc.), whether or not such surveillance is permitted is a matter of state law. Employers should ensure, to the extent that they would use video surveillance to stop theft or for other security reasons, that they are in compliance with the applicable state laws.
Also, employers need to ensure that they have an iron-clad case against employees for theft or similar rule violations before publicizing their conduct to other employees and characterizing it one way or the other to non-managerial employees. In the absence of solid evidence (which could include video), an employer could open itself up to allegations of defamation or slander per se if it accuses an employee wrongfully of theft outside of the core management or supervisor group.
When utilized correctly, video can be a very effective tool for employers. As with all technology, companies should stay abreast of legal developments that might restrict their ability to use it.
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