This story reminded me of many situations where I have advised clients who want to terminate an employee based on surveillance tape evidence. I emphasize consistent enforcement of employment policies as HR best practice, but I also recognize that each situation is different. As an employment lawyer, I understand Walgreens position and reasoning, but I also understand why many people are questioning the company's position after viewing the videotape.
In the end, the use of surveillance technology raises a number of practical and legal considerations. Employment decisions based on evidence obtained through surveillance technology should be consistent with enforcement of company policy, but also based on sound judgment and reasonableness. Clear evidence that an employee has violated company policy often supports a decision to terminate, but each situation deserves careful consideration and analysis.
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