I was finishing up using the restroom when i heard a noise and looked up and saw a hand with a cellphone over the partition pointed at me. I quickly pulled up my pants and asked a few times "what are you doing?!" with no response. I walked out to wash my hands and he walked out behind me and said nothing and left. I finished drying my hands and walked out after him but he was gone.
Did you get the employees name? Did you complain to management? What do you want? Money, a criminal prosecution, or both? Either way, complain to management and make a police report. Use the "Find a Lawyer" feature to connect with a personal injury attorney in your area. Many will offer free initial consultation.
A personal injury attorney could represent you in this matter but unless you reported the incident at the time it may be difficult to recover money from Home Depot. Not impossible necessarily, but difficult. If the employee who was recording you has any sense he has already deleted the video or pictures. Had the incident been reported at the time perhaps the store would have called the police. If you were to report the incident now, assuming the employee can be identified I am sure he will deny recording you.
Perhaps if the incident was relatively recent by reporting it to Home Depot they may be able to preserve surveillance video showing who was going in and out of the restroom at the time of the incident.
I agree with the other attorneys. This is no slam dunk. You must have reported it and been able to ID that employee to have a chance at a lawsuit. Good luck.
I agree with other lawyers; hopefully you reported this incident at the time and have a reasonably accurate description of the Home Depot-employee. Depending upon how long it has been, you may still be able to go make a report to the store *and* to the police. As for type of lawyer, this would fall within the specialty of personal injury, since invasion of privacy is a personal violation/tort.
Beyond the already stated it may be difficult to collect anything. Unless he has done this before or was doing it for the benefit of Home Depot, then the store is not at fault. The only viable claim would then be against the individual employee who may be judgment proof.
