Legal Question in Constitutional Law in Illinois
My son Dillon went to a game stop store to purchase a game. While in the store the assistant manager video recorded the transaction between Dillon and a female clerk.
The assistant manager then posted the video on Face Book with the title "When a loser won't give up" "This loser came in here more than once to try and pimp on my employees". The video does not show Dillon hitting on the clerk he simply made the purchase and left. After he left you could hear the assistant manager say "What a loser" and laughing. Dillon does not know this assistant manager. He has been teased at work and been bullied on line since this post surfaced. We called a corporate manager and complained. The assistant manager was fired and told to remove the video. Dillon did not know he was being recorded. Do we have a case againt game stop. The assistant manager has a hx of cyber bulling. I went on public records and looked him up and he had a felony cybere bulling case against him last year, but the charges were dropped. It appears he made a plea bargin with some other charges.
1 Answer from Attorneys
Maybe. The company would only be liable if the manager was acting in the course and scope of his duties when he posted the video and added his comments. Based on the limited facts you have provided, I can't say whether he was or not.
Your case against the former assistant manager is probably stronger in a legal sense, but he may not have enough assets to pay a judgment. Even if you can get a judgment against the company, the amount might not be enough to justify the costs -- financial and otherwise -- of suing.
You should meet with a local attorney or two, go over your case in more detail, and ask them what they think.
Good luck.
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