Friday, June 15, 2007
Hello, I just want to say that I am an experienced nanny who loves her job but was forced to quit my long-term position after I discovered that my employers were filming me without my knowledge, even in the bathroom of their house. I have no problem with caregiver/nanny surveillance and think that if it can help parents trust in a very uncertain world that's a good thing. Nevertheless, it is ILLEGAL to film an employee without their knowledge, even in a private residence and especially in the privacy of a washroom. I know that nannies and other caregivers often have less employee rights than is strictly legal (eg. no breaks, long hours etc) but these are grey areas and usually accepted by individual nannies. This case however is clearly outside of the law and I wish this family could have consulted me before filming me doing my most private business. I will miss those wonderful kids and I'm sorry I had to draw the line. Thanks for letting me rant.
Random Rants
You are absolutely right, Nanny. As an employment/labor lawyer, I can tell readers of this site that if you plan to use a nanny cam, you need to inform your employee of that fact prior to use of the cam. And you cannot use the camera in the bathroom.
ReplyDeleteThat's not true stop telling lies, the laws vary state by state. NYS is one party consent. And other states you only have to tell your nanny if it has audio recording. And if it doesn't record at all and is a monitor than what. You're a crappy lawyer to give blanket legal advice. As each states laws are different.
DeleteWhy didn't you sue?
ReplyDeleteDo you know how many nanny employers are incompitent shlubs? I decided I had enough with the nanny camera and questions my every move. He writed down the mileage on the odometer.
Quiting thou I didnt want to do so I waited til time was right. And fell down steps from second floor to first.I tripped over mother's shoes. Looks like I wont be working for atleast another 7 monnths.
It is also illegal to record speech in the following states without a person's consent in the following 15 states: California, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennyslvania, and Washington.
ReplyDeleteI think you are wrong. It may be illegal to record employees in a public work environment, but I feel confident that I have every right to have as many cameras and recording devices as I like in my private home.
ReplyDeletegood for you..get the hell out of there...nuts is the word..maybe the husband is some out of control sexfreack...watch out you dont end up on u-tube..SUE THEM...
ReplyDeleteGl, yes you can use the camera's in your home but you have to notify anyone in your home that you are doing so. And no you CAN NOT use them in your bathroom unless you are just recording your self or have the permission of EVERYONE using your bathroom.
ReplyDeleteI think you are wrong. I don't have a nanny. I don't even have children. But I use a surveillance system to keep tabs on the housekeeper and visiting service men.
ReplyDeleteGL @ 2:07
ReplyDeleteYou are a nut. You would film someone in the bathroom? That is so indecent and horrible. This nanny should sue, or at least seek legal advice.
I don't believe in nanny cams, especially if the employer does not inform the nanny first.
I am a former nanny, and now a parent and I would never feel the need to film our babysitter. I trust her and would not invade her privacy. Even though it is our home, it is her work environment and especially in the bathroom that is highly unethical if not illegal.
Some of the people and stories on this site astound me, truly they do.
It is not illegal to film an employee in someone's home. You have no reasonable expectation of privacy in someone's living room, dining room or even in their bedroom. It may be illegal, however, to film someone (without that person's consent) in the bathroom - but that would depend upon the state you are in. For example, in NJ it is definitely illegal to film someone in the bathroom.
ReplyDelete2:02 You are disgusting. I wish you had just snapped your neck.
ReplyDelete2:02 you have mental problems. You really do.
ReplyDeleteAnd the takeaway message is what? If you're going to abuse your charges, do it in the bathroom?
ReplyDeleteI don't think 2:02's first language is english, JMT I'm surprised at your hostility, you're usually more composed. Most nanny contracts state that if there is a camera the nanny is to be notified of it and no you can not have one in the bathroom that is just disgusting anyway. I nanny for 2 attorneys and they know they have to tell me before they film me, but thank goodness they trust me and it is not an issue.
ReplyDeleteWow, jmt that's HARSH! Hee Hee
ReplyDeleteUgh. There are so many things wrong with nanny-cams that I hate to even get started. Yes, at the very least, you need to know it's there. Good for you for quitting. The bathroom?! Yuck!
ReplyDeleteOP. Get an attorney, that's what some attorneys are for. Do you have a copy of the bathroom footage showing you doing your business? You may have a case. Do not converse with your former employer without permission from your attorney. Filming anyone in the bathroom is sick. They deserve to lose every penny they have ever earned. Losers!
ReplyDeleteIn NY state, nanny cams are legal, but it is illegal to have sound. I don't know about in the bathroom, but I certainly hope that is illegal!
ReplyDeleteI have no problem with being filmed at the beginning of a new job by parents with a preverbal child. ( I have reason to believe my current employers did. ) I want them to feel confident that their baby is safe and happy, and frankly, I'm glad they can see what a great job I'm doing!
If I were to discover a cam at a job with older children, with a family I had been with for some time, I would be offended at the lack of trust, and it would sour the relationship to the extent that I would probably quit.
A Nanny
I am surprised that a Lawyer wouldn't know that it is definately legal to have a nanny cam in the home in all the common areas. The bathroom, of course, is out of line.
ReplyDeleteI agree with 10:10, that a parent may want to view a new nanny, just for some piece of mind. But after a certain amount of time - what purpose would it serve? If you don't trust your nanny enough not to film her, why trust her with something so precious as your children?
As for 2:02 - too bad you didn't leave more identifiable information so that your employers could see you for the sleaze bag that you really are .... so how much did you sue them for? Guys, try not to berate "jmt" too much - harsh or not .... it's dead on.
That a girl, op, quit before they catch you and lock you up.
ReplyDeleteAs a former nanny and childcare worker I have always acted as if I am on camera anytime I am in an employer's home. However, I am not so sure I would be o.k. with someone that had cameras everywhere used over long periods of time. That seems like the reason for use were ones other than concern for the child's safety.
ReplyDeleteI would have quit as well. Nanny, I agree, you should look into action of some kind. I don't always think suing is the best option, but this is creepy.
Too bad your replacement will likely go through the same thing. I have long been of the opinion that nannies should ask the family for references as well, but rarely does that happen.
best of luck to you.
It is completely legal in NY to film in your own home-minus the bathroom and to record sound. The 15 states aforementioned are the only states where you cannot records sound. I don't practice labor law-I do civil, but I am a little unnerved that there is a labor law attorney handing out wrong advice. Each state should consult their rules and laws.
ReplyDeletei wouldn't be surprised if the employers come to this website. there are soooooooo many messed up parents (moms) who come to this website with bad attitudes who think they own their nannies and have a right to do whatever they want to them. then they wonder why their nannies quit lol plus, what nerve they have when they dont even take care of their own kids. i say you sue their ass for filming you using the freaking bathroom! that is just nasty!
ReplyDeleteThere has to be a line between where it's okay to have a camera and where it's not! We have that line in stores--ever seen a camera in a fitting room or public restroom? Didn't think so, because it's illegal. It should (and I believe IS 100% illegal) to put a camera in a private bathroom as well (unless consent is given.) Let's be honest here, you are watching someone get nude (i.e to go to the bathroom, shower etc) that is NOT keeping track of an employe and making sure they don't harm your children that is crossing a serious line, completely inappropriate, perverted and a total violation of the HUMAN right to privacy! Where are peoples morals? This is SO wrong! If any one ever taped me getting nude or going to the bathroom I'd sue them so fast their head would spin!
ReplyDeleteMy frenemy told me her ex husband was in to in home surveillance and had the nanny's bedroom under surveillance. Sick story. Want to hear more?
ReplyDelete6:05
ReplyDeleteWant to hear more yourself? You are a party to a crime that is being committed.
Put that in your cup and drink it.
I hope you get busted.
You are not a party to a crime just because someone tells you of it after the fact. Idiot.
ReplyDeleteYes you are. If someone tells you they murdered someone, and you don't report it, you're a party to the crime. It's called being an ACCESSORY AFTER THE FACT.
ReplyDeleteIdiot.
I think spot-checking your nanny (using cameras at the beginning of employment and then perhaps, in three or six month intervals).
ReplyDeleteI think this is a good compromise that does not feel so invasive.
So parents, rent a nanny cam, film me (not in the bathroom, please) but once you have the information you need, please take the cameras away.
Nanny for 10 years
Oh, my! I see that ignorance of the law is no excuse for not posting legal advice. LOL This is my first time on this website; I'm a SAM, no nanny...just passing thru. For anyone in Texas...as a former police officer, let me say you most certainly CAN film and record sound without the subject's consent. That doesn't mean you won't get sued for cameras in the bathroom, however~it's a matter of criminal law vs. civil law. Anyone can sue for ANYTHING...they just don't always win.
ReplyDeleteThe bathroom? That's an invasion of privacy right there, and really sick with it. No wonder why you quit.
ReplyDeleteI am a nanny, I have no problem with cameras,even though I may not be aware of it . But please not in the bathroom. Why is there a need for it to be in the bathroom?
ReplyDeleteElizabeth: Please keep your comments away from UPL, especially when only familiar with those states you are admitted to.
ReplyDeleteThe fact of the matter is, it's generally not illegal to record in public spaces but it depends on the state. Some states have all-party consent laws regarding audio and in those states the recording of audio should not be done. The state I reside in is one of them where if you record without permission and you know that it's illegal, it's a felony. *ouch* Court decisions though is that it's OK to record as long as there's no audio.
I'd fully agree that recording anyone in a bathroom or personal bedroom should be out of line but I have no problem with the recording of employees in non-private spaces.
I personally don't record video but I do run an IDS system in the regular course of business that records web traffic, a content filter that blocks objectionable content, and turned a cell phone into a $60 GPS tracker that I embedded in my car.
http://www.wecusurveillance.com/site/897581/page/481294
ReplyDeletecheck out this website, you can def. sue these sick people, it is one think to use a camera if you are suspicious of your nanny but it is another HORRIBLE thing to use one in the bathroom!
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ReplyDeleteSeriously if you DEMAND respect from an employer then find another line of work. Nannies are a dime a dozen and it is illegal to film in the restroom but duh if they tell you about the nanny cams then they won't catch you. Nannies turn them off, put things in front of them or what not. Quit while you're ahead if you can't be straight and good to the child where you have to hide the camera view of your abuse and neglect of their child. Maybe you should work in the prison system where all rights are lost and you are in charge of others who can't do anything about it. You are NOT a nanny but a menace sorry to say but you give genuine nannies a bad name by making ridiculous claims and demands.
ReplyDelete