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As a supervisor for a state department, my staff and i work with a partnering agency to assist the unemployed and underemployed. I have one particular staff who is an older gentleman who may have a me
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picture taking

posted at 12/8/2010 4:35 AM EST
Posts: 69
First: 4/3/2000
Last: 6/29/2011
As a supervisor for a state department, my staff and i work with a partnering agency to assist the unemployed and underemployed. I have one particular staff who is an older gentleman who may have a medical issue about dozing off. It's not while he is working with someone but if he is not busy, sitting at his desk, he will doze off.Not for a long period just head nodding. I have talked to him about this and will need to discuss it further with him to determine if it is medical issue. The problem, even though the two entities are to work as a team, i found out that one of "their" staff has been taking pictures of this person when he dozes off. No doubt to incrimiate him at some later time. What approach should i take regarding this sleep issue and the picture taking. Seems this ought to be some invasion issue, or at least very unethical. Thanks.

picture taking

posted at 12/8/2010 5:22 AM EST
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
I don't think it's particularly invasive or unethical, or even illegal to take pictures of one's coworkers while said coworkers are sleeping on the job. However, it certainly seems quite unprofessional, especially if said picture-taking is occurring without management's blessing.

As a supervisor, unless your employees have a CNA that states otherwise, you are within your legal rights to tell your employees "no more picture-taking of coworkers, sleeping or otherwise" and to fire any employees who don't comply. Just because something is legal doesn't mean it must be tolerated in the workplace.

picture taking

posted at 12/8/2010 5:23 AM EST
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
sorry, typo, meant "CBA"

picture taking

posted at 12/8/2010 5:28 AM EST
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
I agree...I would tell the picture taker to cease and desist.

It is very possible that this is a medical issue that could possibly rise to the level of ADA coverage depending on WHY it is happening. While I would be careful about opening that can of worms, I would talk to the individual, let him know that you are noticing it and try to work with him -- would something as simple as music playing help?

If it is not affecting job performance, then I would leave it alone.

If it continues to happen and it is affecting his job performance, you could send him for a medical checkup. You could also send a job description and ADA paperwork to the doctor with him so you can rule in or out ADA eligibility.


Bu

picture taking

posted at 12/9/2010 5:09 AM EST
Posts: 69
First: 4/3/2000
Last: 6/29/2011
Good stuff! thanks.

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