Working in Walmart

[B218]

Jurisdiction

Illinois

Hello

I work at Walmart. Are they allowed to record me? I know I live in a 2 party consent state so I want to know

Also, I have stomach issues and sometimes use the restroom for long periods of time. Could they fire me over that? I recently started, so I don't have PTO/PPTO and work in Illinois.

 

[zddoodah]

Are they allowed to record me?

Does "they" refer to your employer? Record you in what way? Doing what?

I'll leave your other question for our resident HR person, @cbg

 

[B218]

Does "they" refer to your employer? Record you in what way? Doing what?

I mean walmart for tge purposes of security cameras. Company policy is absplutely no recording, and illinois is two party consent, so I want to know if they can use security cameras

 

[army judge]

Hello

I work at Walmart. Are they allowed to record me? I know I live in a 2 party consent state so I want to know

Also, I have stomach issues and sometimes use the restroom for long periods of time. Could they fire me over that? I recently started, so I don't have PTO/PPTO and work in Illinois.

Your understanding of the law in Illinois is correct.
The consent of all parties being recorded must be obtained.

However, what is your recourse today?

I suggest you seek appointments, as in free legal consultations with three or four local attorneys to assist you in determining what the law can and will do for you in the workplace.

Your solution won't be revealed for free via internet sites, because you're facing a very complex legal dilemma.


Illinois recording law stipulates that it is a two-party consent state. In Illinois, it is a criminal offense to use any device to record communications, whether they're wire, oral or electronic, without the consent of everyone taking part in the communication. 720 Ill. Compiled Stat. 5/14-2(a)(1). This means that in Illinois, you are not legally allowed to record a conversation you are taking part in unless all parties agree to be recorded.

In December of 2014, the Illinois Supreme Court struck down the statute and amended it to allow recording conversations in areas where there is no reasonable expectation of privacy. It was found that it violated a person's first amendment rights. This means that the new eavesdropping law is substantially less strict than most other two-party consent states and is more in line with one-party consent states. The new eavesdropping law allows conversations to be recorded without consent in most public areas.

You may not record conversations without the consent of all parties involved in Illinois if there is a reasonable expectation of privacy.

The new eavesdropping statute specifically addresses private conversation's with a reasonable expectation of privacy. Sec. 14-1 (d) Quote:

"Any oral communication between 2 or more persons, whether in person or transmitted between the parties by wire or other means, when one or more of the parties intended the communication to be of a private nature under circumstances reasonably justifying that expectation. A reasonable expectation shall include any expectation recognized by law, including, but not limited to, an expectation derived from a privilege, immunity, or right established by common law, Supreme Court rule, or the Illinois or United States Constitution."

But what does that all mean? Essentially, if one party expects privacy then there is a two-party consent requirement.

This can result in some tricky situations where privacy is ill-defined such as the case of Paul Boron, a 13 year old charged with felony eavesdropping in 2018 for recording a 'private conversation' with school administrators that began in the administration's office and continued in the school officials office with an open door. Does this constitute privacy? Since the door was open and the conversation volume was not consistent with a private conversation, the charges were eventually dropped. However, the fact remains that the teenager was still charged with a felony.

Illinois audio recording laws are much more stringent than those that affect only video; this allows for some leeway with using surveillance cameras in your residence or outside your home.

With that being said, it is specifically against the law to intentionally transmit live video or record video footage of another person without that person's consent in:

• A restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom.
• That person's residence.
• That person's residence through the use of a device that records from outside the residence and transmits from a remote location.

For example, you are not allowed to point your security camera at your neighbour's house to record inside his or her residence.

720 Ill. Compiled Stat. 5/26‐4(a)‐(a‐6)

It is unlawful to intentionally transmit live video or record video footage through or under a person's clothing without that person's consent. 720 Ill. Compiled Stat. 5/26‐4(a-10). Also, the law prohibits the installation of recording devices to record a person without that person's consent while he or she is in a restroom, tanning bed, tanning salon, locker room, changing room, hotel bedroom or that person's residence. 720 Ill. Compiled Stat. 5/26‐4(a-15)(a-20)

The Two Faces of Eavesdropping | Illinois State Bar Association

www.isba.org

https://www.lawpediausa.com/recording-laws-in-illinois-what-you-need-to-know/

 

[adjusterjack]

I want to know if they can use security cameras

They can. As long as it's video, you have no expectation of privacy while employed.

There are likely no cameras in restrooms.

I have stomach issues and sometimes use the restroom for long periods of time. Could they fire me over that?

Depends on how long?

You could be fired for being away from your post for excessive amounts of time.

If you have a disability, you need to ask for an accommodation (like longer break times or something).

 

[cbg]

Jack has pretty much summed it up.

You can, legally, be fired for being away from your post for too long at a time or too many times.

It is possible, not definite but possible, that your condition may - may, not will - qualify as a disability under the ADA.

If so, then your employer must enter into an interactive process to determine if a reasonable accommodation can be found that will allow you to fulfil the essential functions of your position. Note that to be reasonable, the accommodation should not dis-accommodate other employees. Also, Walmart need not give you the accommodation you want or even the one the doctor recommends, only one that works. Finally, while it's possible that a bit of flexibility with the break schedule might possibly be reasonable, allowing you all the time you want whenever you want probably won't be.

I would first discuss with your doctor if he thinks an accommodation is warranted. If so, then your next step is to go to HR/management using the following words: "I believe I have a disability and am requesting an accommodation under the Americans with Disabilities Act." (While invoking the ADA is not mandatory under the law, I have always advocated making it absolutely clear that you are requesting a right under the law.

The next step is to discuss with HR/Benefits/Whoever it is locally for you what would be a reasonable accommodation.

IT IS IMPORTANT TO NOTE that if no reasonable accommodation can be found, then even if your condition constitutes a disability, you can still be fired.

This can be a long, complicated and confusing process so feel free to come back with additional questions.

 

[zddoodah]

I mean walmart for tge purposes of security cameras. Company policy is absplutely no recording, and illinois is two party consent, so I want to know if they can use security cameras

Security cameras in the store itself (i.e., places where customers can go) are obviously legal. Cameras in break rooms are legal as long as you're on notice. Cameras in restrooms or dressing rooms would not be legal.

 

[Tax Counsel]

Hello

I work at Walmart. Are they allowed to record me? I know I live in a 2 party consent state so I want to know

First, understand that federal and state recording laws address AUDIO recordings, not video only recordings. Security video footage without audio will not violate those recording laws. The employer does have to ensure that it does not violate the privacy rights of customers and employees by making videos in places where employees and the public can reasonably expect privacy, which in a retail store would generally mean the employer runs the risk of legal problems recording video in places like restrooms, dressing rooms, etc.

Second, in most states recording audio is ok when the parties to the conversation have been put on notice of the recording and yet continue with the conversation anyway. In that situation the people being recorded are presumed to have given consent to the recording by their action of proceeding with the conversation. So if the company has prominent signs throughout the store advising customers and employees of the recording, that might suffice to meet the state law requirement. You'd need to ask a lawyer in your state about that.

CBG has discussed the bathroom issue already, and better than I would have done. But I'll provide a little more context specific to your condition as I can relate to your problem. I have a disabilty that sometimes requires me to have frequent, sudden access to a bathroom. As I am self-employed that is generally not a problem for me. But when I worked for the government, my managers were aware of my disability and accommodated that need, as they had to do under the federal law that provides protections for disabled government employee that are similiar to what the ADA provides for employees of non government employees. But if it had not been possible to provide that accommodation and still meet the requirements of my job, the government would have been free to fire me.

The goal of the ADA and similar laws with regard to employment is to provide employees reasonable accommodation to do the job at the same level as other employees. These laws do not require an employer to accept lesser peformance from disabled employees. If they can't do the job even with the requested accommodation, they can be fired.

In this regard, a condition that requires you to be in the bathroom for long periods of time might not be something that an employer is able to reasonably accommodate. If it needs you available for work (e.g. be on the sales floor) at specific times and taking those long breaks would make you unable to meet that requirement, then unless there is some way that an accommodation could be provided that would allow you to meet that requirement the company may fire you for that.

 

[B218]

Wait, so did I pull an illegal? Someone drew Doodlebob from Spongebob on one of the whiteboards, and I took a picture of it and made sure not to get anything else. I found the drawing humorous and wanted to have it on my phome before it was erased.

 

[army judge]

Wait, so did I pull an illegal? Someone drew Doodlebob from Spongebob on one of the whiteboards, and I took a picture of it and made sure not to get anything else. I found the drawing humorous and wanted to have it on my phome before it was erased.

Only you know (unless you've contracted a case of blabitis) that you took a photo of whiteboard scribbles.

I doubt that what you ALLEGED is now or ever was illegal, even if you're infected with blabitis.

As my mother regularly scolded me, "boy, behave yourself, control your actions, and if you need to confess to or about something, kneel, pray, and talk to God Almighty."