Results 1 to 6 of 6
  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Default Is A Covert Recording Of Workplace Verbal Attacks Considered To Be Evidence?

    My question involves defamation in the state of: California

    First post, great site.

    I have a boss (the owner) and one coworker who are each compelled to launch personal attacks on me that, to a rational person, would resemble psychotic breakdowns.

    Usually, I will say something that someone doesn't like, such as a truthful comment about someone's hostile attitude, rude behavior or lax attitude, or, sometimes our 'secretary' (Deep Throat) intentionally misconstrues something I say and deliberately but subtly twists it around and promptly trots off to backstab me (and others) so it does the most damage.

    The content of these attacks usually involves: a detailed, recursive analysis of my character flaws du jour (and they are apparently endless), mainly my ostensible 'hypersensitivity' to blatant workplace favoritism; a long-winded criticism of my physical imperfections (I have a gut and sometimes it shows when I lean back in my chair--big problem!); accusations of doing and saying things that never happened (the coworker just makes up lies from what I can tell); a reading of the ti leaves wherein I am told what I think based on my facial expressions--the boss thinks he can read my mind, but his insulting amateur psychoanalysis is always 98% wrong; a microanalysis of my daily actions and motives, all of which which are consistently misinterpreted of course; the boss consistently shouting over me; fabricated 'mystery sleights' that I supposedly did to the bosses girlfriend, and much worse.

    Most of it is just plain wrong and IMO 95% of it is unjustified. Like, I already know my weak points...

    The attacks are vitriolic and personal, way beyond the scope of useful workplace feedback.

    There have been a couple of near-confrontations (physical) like when, for instance, he confronted me in the parking lot after work, then when I simply walked back towards him from my car to find out what his latest problem was he said "I'm not scared of you!" and then backed up through the warehouse door like a little girl and picked up a broom or 2x4 or something as if I was threatening him--when he started the whole ridiculous thing! (I'm literally twice his size, BTW.)

    These guys both just go into 'snap mode' and I tired of it to the extent that I'd just about rather be terminalted than have to go through another 'psycho'analysis.

    Anyway they always make sure there are no witnesses, so how legitimate would it be for me to 'wire' myself with a digital recorder for the next sparkup, and covertly record the festivities? Would the recordings constitute evidence/proof of workplace abuse? It's not as if I'd need to goad either one of them into another episode, I just need to make sure there are always fresh batteries in the recorder. The recording(s) alone may be enought to stop this insanity, of course.


    Thanks in advance for any sage advice.



    anagramsam

  2. #2
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Is A Covert Recording Of Workplace Verbal Attacks Considered To Be Evidence?

    Quote Quoting anagramsam
    View Post


    Thanks in advance for any sage advice.



    anagramsam
    my advice is of course to get a new job

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is A Covert Recording Of Workplace Verbal Attacks Considered To Be Evidence?

    Anyway they always make sure there are no witnesses, so how legitimate would it be for me to 'wire' myself with a digital recorder for the next sparkup, and covertly record the festivities?
    legit? legit for what?

    Would the recordings constitute evidence/proof of workplace abuse?
    Yes. Your abuse of California state law as it is criminal to record a conversation without both parties consent. Those recordings would be good evidence against you.

    The recording(s) alone may be enought to stop this insanity, of course.
    I bet it will. You will probably end up without a job, or worse.

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: Is A Covert Recording Of Workplace Verbal Attacks Considered To Be Evidence?

    I concur with JK - in CAlifornia you need consent from anyone being tape recorded. 'Wiring' yourself is illegal.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is A Covert Recording Of Workplace Verbal Attacks Considered To Be Evidence?

    Quote Quoting anagramsam
    View Post
    There have been a couple of near-confrontations (physical) like when, for instance, he confronted me in the parking lot after work, then when I simply walked back towards him from my car to find out what his latest problem was he said "I'm not scared of you!" and then backed up through the warehouse door like a little girl and picked up a broom or 2x4 or something as if I was threatening him--when he started the whole ridiculous thing! (I'm literally twice his size, BTW.)
    While tape recording without all parties consent is illegal, I have not looked, but I'll take jk's word for it, IF your safety is being threatened and you are the victim of possible criminal assault, then IMO, tape recording someone is a form of "direct self defense".

    ME PERSONALLY, that's ME, I would make sure every means to prevent assault against me was in place, regardless of the facial law, and would feel every bit "justified" in doing so.

    IF the ONLY reason were to document eratic behavior, IMO, I personally may think it UNwise to audio or tape others, but to document what you believe may be a possible assault is totally different.

    This is MY opinion as what I may do, do not construe it as a license and or a justification to do it for yourself.

    Chan may have the best advice, try your best to secure employment somewhere else. They will mess with an unstable person one day and he or she will give them more than they bargained for!!! It's just a matter of time.

    Good luck!

  6. #6
    Join Date
    Apr 2008
    Posts
    2

    Default Re: Is A Covert Recording Of Workplace Verbal Attacks Considered To Be Evidence?

    Thanks Chan, minutes and BOR.

    If I had searched a little better I would have found the answer without posting, but just writing it out--venting--was theraputic.

    Most of these attacks are verbal, so I don't feel the need to pack heat at the office.

    Although I heard a phone conversation where the boss physically threatened someone with bodily harm (he was screaming and serious, not kidding around), with me it's more pedestrian, like not moving over to pass in the hall then at the last second, sharply moving his sholder so that it barely brushes up against me as we pass, while simultaneously hissing like a snake. He likes to throw his phone too, but never at me directly, usally the wall.

    The gig pays very well but is a somewhat specialized engineering subdiscipline. Similar professional opportunities (sans abuse) are rare, unfortunately.

    I'm looking of course, but very cautiously--the grapevine in our industry is such that many if not most positions get filled before they are advertised.

    I can go outside my 'niche', and have actually looked around a bit on-line, but at 50+ that becomes a bit more challenging.

    Thanks again,



    anagramsam

    1. Sponsored Links
       

Similar Threads

  1. Establishment: Weight of Audio Recording As Evidence
    By trk in forum Orders of Protection
    Replies: 8
    Last Post: 10-12-2011, 01:48 PM
  2. Privacy: Workplace Security Video and Audio Recording Laws
    By Condo_Commandos in forum Employment and Labor
    Replies: 17
    Last Post: 09-02-2011, 08:34 AM
  3. Privacy: Video and Audio Recording in the Workplace
    By FourthAmendment in forum Employment and Labor
    Replies: 1
    Last Post: 11-27-2009, 07:49 PM
  4. Trials: Introducing a Tape Recording as Evidence in Florida
    By puppetjr in forum Criminal Procedure
    Replies: 1
    Last Post: 06-02-2007, 05:46 AM
  5. Assault & Battery: Verbal Abuse in the Workplace
    By longhungjohn33 in forum Criminal Charges
    Replies: 3
    Last Post: 05-25-2007, 10:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources