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Can You Record a Co-Worker to Prove Harassment and Threats

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  • 02-25-2018, 08:41 AM
    yogiyogi11
    Can You Record a Co-Worker to Prove Harassment and Threats
    Well basically I've been getting threats from a certain co worker and harassment cursed out in front of assistant manager ,threats on my life I even recorded him going on a profanity laced rant I met with co manager about it and I'm going to fill out a form my question is it termination for recording an associate in the state of Texas at Walmart and if I get terminated can I take legal action with the statement form and video I have? Thx for the help
  • 02-25-2018, 09:32 AM
    cbg
    Re: Harassment and Threats on the Job at Walmart
    1.) There is no law in Texas, or any other state, that will prohibit the employer from terming you for recording an associate. There is also no law that says they must term you for it. It's entirely up to the employer. It can be legal under state law to make the recording and still be legal to terminate you for making it.

    2.) Not even remotely enough information to say. It will depend on what kind of legal action you want to take, against whom, and exactly what is in the statement and on the video.
  • 02-25-2018, 11:09 AM
    adjusterjack
    Re: Can You Record a Co-Worker to Prove Harassment and Threats
    Quote:

    Quoting yogiyogi11
    View Post
    Well basically I've been getting threats from a certain co worker and harassment cursed out in front of assistant manager ,threats on my life I even recorded him going on a profanity laced rant I met with co manager about it and I'm going to fill out a form my question is it termination for recording an associate in the state of Texas at Walmart and if I get terminated can I take legal action with the statement form and video I have? Thx for the help

    Texas is a one party consent state. As long as you are a party to an in-person conversation the recording is legal and can be admitted as evidence in a criminal or civil matter.

    Whether it gets you fired or not is anybody's guess.

    If you get fired (or even suspended) file for unemployment compensation immediately.

    I suggest you keep recording this stuff without revealing that you are doing so.

    If you ultimately have to quit you may still qualify for unemployment compensation because your life is being threatened. (Iffy but possible.)

    Did any of the profanity laced rant and/or threats have anything to do with your age, race, medical condition, or sexual orientation?
  • 02-25-2018, 12:01 PM
    yogiyogi11
    Re: Can You Record a Co-Worker to Prove Harassment and Threats
    He once told me about a gun
    He threatened me with violence
    Cursed me out in front of ass manager
    In the video he drops f bombs
  • 02-25-2018, 12:16 PM
    cbg
    Re: Can You Record a Co-Worker to Prove Harassment and Threats
    "Cursing you out" in front the assistant manager (or anywhere else) is not something for which you can take legal action. Neither is dropping f bombs. So those are out.

    When you say, told you about a gun, what do you mean?

    Did you believe that he actually intended violence?
  • 02-25-2018, 12:31 PM
    adjusterjack
    Re: Can You Record a Co-Worker to Prove Harassment and Threats
    Quote:

    Quoting cbg
    View Post

    When you say, told you about a gun, what do you mean?

    Did you believe that he actually intended violence?

    Seriously?

    One would have to be a fool not to believe it.

    It's crazy people like that who shoot up schools, restaurants, workplaces, and political gatherings, to name just a few.

    Quote:

    He once told me about a gun
    He threatened me with violence
    I'd be carrying my concealed handgun with me every day after that.

    And if I got fired for it, well, I'd rather be fired than fired at.
  • 02-25-2018, 12:44 PM
    cbg
    Re: Can You Record a Co-Worker to Prove Harassment and Threats
    AJ, I was asking him a question. He was there, I wasn't. I wasn't saying, Boy are you being stupid. I was asking him, as the person who was present, whether or not he honestly believed violence was a real possibility or not so I would know how to next respond. Some people say things like that and it's clear that it's only talk; other people say things like that and it's a real possibility. I was asking him which one was the case here in his best opinion.
  • 02-25-2018, 01:00 PM
    Dogmatique
    Re: Can You Record a Co-Worker to Prove Harassment and Threats
    What happened when you reported the threat to the police?
  • 02-25-2018, 06:52 PM
    yogiyogi11
    Re: Can You Record a Co-Worker to Prove Harassment and Threats
    Bro this guy is not all the way there he gets mad at every little thing when someone tells you about a gun especially on the workplace take it serious

    I met with s co manager i have to fill out a report
  • 02-25-2018, 07:14 PM
    cbg
    Re: Can You Record a Co-Worker to Prove Harassment and Threats
    Why don't you have your meeting with the manager and fill out the report, and then if you still have questions come back then.
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