Hi stephenk,
<<did the other people know you were taping the meeting?>>
No. But California penal code section 633.5 gives citizens like me, in situations like mine, the right to make such recordings. This law, as I understand it, offers immunity from the strict wiretapping laws of section 631, 632, 632.5, 632.6, and 632.7, when the recording is made for the purpose of obtaining evidence that relates to the commission by another party to the crime of extortion.
<<if you are owed severance pay, why are you still working for them? Are you expecting the $45k and still want to work for the company?>>
No. I am not on payroll, I am not being paid, and I am not doing work for them – or anyone. On the recording they said they were ‘letting me go.’ The CA Department of Labor and Standards Enforcement helped me recover my unused vacation pay, but won’t touch anything else. (I told the agent at the DLSE about the recording and she insisted that I would go straight to jail if I ever mentioned it again!)
My employer’s strategy is efficient breach, and it’s the best choice from their perspective. They are betting that I won’t come after them at all. But they don’t know I have the recording.
<<If you are no longer working for them and they owe you the severance pay as part of your written work contract and they refuse to pay you, hire an attorney and sue them for breach of contract.>>
No. The trouble is that I’m going to have a hard time making my case without this recording (the recording is a magnificent noose. It says it all – loud and clear).
As far as I understand it (maybe I am wrong), I cannot submit this recording as evidence unless my circumstances involve extortion. Else I’m the poor ******* who goes to jail. Honestly – I did record this because I did know they were going to threaten me with extortion (they made same threat before), and I did know my rights.
<<your extortion claim would not last long based on the facts you posted.>>
Thanks for your opinion, but damn you. I wonder if I am explaining this in the best possible way. Check out my post above to Cbg.
California Penal Code sections 518-527 defines extortion, and lists three elements:
1) Obtaining of property from another.
2) Obtaining that property with consent of the owner.
3) Inducing that consent by a wrongful use of force or fear.
I think maybe the California codes disagree with you.
1) My employer obtained my property, which was my unpaid severance ($45k), by doing nothing – by not paying me.
2) My employer demanded my consent by asking me to enter into a new retrocessional employment contract. – One in which I forfeited my unpaid severance check.
3) My employer tried to induce my consent (in other words, they tried to get me to agree to a new contract) by threatening me with FORCE and FEAR as follows:
A) They said that they would deny that my severance was due, and FORCE me to take them to court in order to collect it.
B) They said they would refuse to accept my resignation, and FORCE me to work at a new office ninety miles away.
C) They made an appeal to FEAR, by threatening me with a counter-suit if I talked with an attorney about this.
D) They made an appeal to FEAR, by reminding me that civil cases are expensive.
And once again – I can’t emphasize this enough; everything above can be proven easily, once and for all, to anyone who listens to this recording. It’s so ridiculously clear and condemning that it’s almost a joke.
Thanks for responding, and please keep those comments coming.
Am I screwed up about something?