I. K., an individual proceeding under a fictitious name, Plaintiff-Appellant, v. BANANA REPUBLIC, LLC, dba Banana Republic #1557, a foreign limited liability corporation; and Teri Turner, an individual, Defendants-Respondents, and Johnny Tuck Chee CHAN, an individual, Defendant.C. K., an individual proceeding under a fictitious name, Plaintiff-Appellant, v. BANANA REPUBLIC, LLC, dba Banana Republic #1557, a foreign limited liability company, Defendant-Respondent, and Teri TURNER, an individual et al, Defendants., 317 Ore. App. 249

HOLDINGS: [1]-Trial courts erred in dismissing employees' complaints under Or. R. Civ. P. 21(A)(8) for failure to state a claim because the negligence of an employer and general manager resulted in a violation of their legally protected interest in their privacy, specifically an employee's right not to be video recorded while using what was supposed to be a private employee restroom. When an employer knew or had reason to know that an employee in the past had placed a video recording device in the employee restroom, employees had a legally protected interest in being free from the emotional trauma of being secretly recorded as a result of the employer taking no steps to prevent it from continuing to occur; [2]-It was not unforeseeable that the coworker would engage in the same behavior in his new employment because had been fired for secretly recording employees using the restroom.