That can always happen, it's just that now one would also get a compensation.
In the case of the images, the evidence might be just as slight, but the police have essentially communicated to the employees that they won't be looking too deeply at the evidence and juries are ignorant when it come to technology and punitive when it comes to 'illegal images'.
The argument here as the defending attorney is ridiculously obvious: the employee has both motive and incentive; but I'd still give high odds of conviction (or worse, a plea bargain) and even if acquitted the accused will be marked for as long as people remember.