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  1. #1
    Join Date
    May 2008
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    2

    Default Is It Legal To Record And Post My Boss Yelling At Me

    NJ
    I work as a waiter at a small restaurant for about 8 months, and about a week ago one of the chefs started behaving aggressive towards me. I went into the kitchen (not the cooks' part, but where the desserts etc. are ) during the rush hour to check if the food was coming up, which is what all servers always do. The moment I step in, the cook starts yelling at me: "do not come here, go out; do not look at the tickets; do not talk to the runner" etc. I shouted back that I have not said a single word. Ane he just kept yelling. All this time another waiter was in the kitchen (she's owner's cousin's girlfriend). Then the manager came into the kitchen and asked me to leave the kitchen (because the cook yelled: manager, do not let any servers in the kitchen).
    this might sound stupid and unimportant, but I feel really humiliated and he treats me like that all the time. I can not think of a reason he could be angry or upset about me. So i guess he just does not like me.

    The question itself:
    Can I record him yelling and post it on youtube or like so the world would learn how terrible this d-bag is?
    I guess there are no grounds to file a discrimination suit, and I want to pay back (there wasn't any contract signed, I am an asian female; he is an asian male and he yells at everyone he does not like)

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    15,887

    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    Can I record him yelling and post it on youtube or like so the world would learn how terrible this d-bag is?
    Only if you have his permission. Otherwise, you could be in trouble.

    I don't suppose you've considered looking for a new job? I know the economy and job market are crappy all over, but I would think that anything would be more tolerable than a boss like that.
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  3. #3
    Join Date
    Mar 2007
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    9,085

    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    There is also nothing protecting you from being fired for this action.

  4. #4
    Join Date
    May 2006
    Location
    USA
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    663

    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    It is not illegal to record him with a tape recorder. You do not need his permission as long as you and him are present with each other. It is illegal to secretly record him in a video manner.

    You might want to get a small tape recorder and have it hidden on you to record him. If he is telling you illegal things, you might want to record him to have evidence for suing the business in the future.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    I see no illegal activities in the original post.

    Yes, the manager is a jerk. That isn't illegal.

    This sounds like an attempt at retaliation by making the recording public.

    That would not be legally advisable. A lawsuit would certainly follow. I am not saying the lawsuit has any merit, but it would bankrupt our waiter friend.

  6. #6
    Join Date
    May 2008
    Posts
    2

    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    Thank you, guys! My initial anger and hate are fading, also, i feel better thankfully to you. Justice needs to be restored!!!

  7. #7
    Join Date
    Jun 2009
    Posts
    1

    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    Quote Quoting Guilty Or Not Guilty
    View Post
    It is not illegal to record him with a tape recorder. You do not need his permission as long as you and him are present with each other. It is illegal to secretly record him in a video manner.

    You might want to get a small tape recorder and have it hidden on you to record him. If he is telling you illegal things, you might want to record him to have evidence for suing the business in the future.
    Yea, and you may want to try to give advice that is remotely accurate.

    You could not have given more incorrect information.

    In most states it is perfectly legal to VIDEO somebody in a public place.

    It is against the law to AUDIO tape someone, even in a public place, without the express consent of all parties involved in the following states: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.

    People have gone to jail for doing so.

    I realize that you have a lot of posts here, hopeful the advice you've given on those posts is a bit more accurate.

  8. #8
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    At least one poster here has a clue.

    It is generally illegal to record or intercept any oral conversation without the consent of BOTH parties. Some states allow one party consent but there are lots of ifs and ands involved. It is also illegal under federal law regardless of the state.

    Recording video in a public place is legal. Note that these days security cameras generally do NOT have microphones. You will never hear audio when they show security camera video on television.

    Here in Florida various "smart" people have recorded calls or in person conversations and tried to use it as evidence in civil court. Not only is it totally inadmissible, but it is turned over to the police who then arrest the morons who made the recordings.

    My favorite is the idiots who make illegal recordings to get someone in trouble with the police. Because the police did not do anything illegal in getting the recording, they can use it in a criminal case. It will also be used in a second criminal case when they arrest the moron that made the recording.

    This goes way back to the days when cordless telephones were not scrambled and didn't jump frequencies. Neighbors listened in on each other's calls and called the police to report illegal stuff. Now the listeners will go to jail, but not then. It was always admissible in a criminal case as the people were not police agents though.

    And then posting it on a website.... lets see, the police find out, you get arrested. The person recorded finds out and sues you into the ground for invasion of privacy and you spend the next 20 years paying on the judgment plus interest. And you will be looking for a new job...

  9. #9
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    Quote Quoting jabo75
    View Post
    In most states it is perfectly legal to VIDEO somebody in a public place.

    It is against the law to AUDIO tape someone, even in a public place, without the express consent of all parties involved in the following states: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.
    What if the VIDEO camera used to record that video does actually record AUDIO as well? ALL cameras do that, you know?
    I am right 97% of the time... Who cares about the other 4%!

  10. #10

    Default Re: Is It Legal To Record And Post My Boss Yelling At Me

    Here's a site that should be of help. BTW New Jersey, the stated you listed you are in, is a "one-party" state.

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