What to do if a company destroys video evidence

[Zigner]

What makes you believe that your EMPLOYER acted in a discriminatory manner against you?

 

[Just Blue]

The individual in question was racist and was jealous because I was close with the managers in other locations it is because of my race. it's one thing when people don't like me but when they make derogatory comments am I wrong to assume that they don't like me because of my race.

Give examples of the "derogatory comments".

 

[quincy]

I have family in new york, and maryland and I went to Pennsylvania for an education program. I'm not sure of how aware people are of how crap the job market is to minorities but I have had multiple cases where employers have said some questionable things or where the majority gets together to make an accusation with no evidence against a minority. In order to better protect myself against discrimination I asked that question to see if recording some of these verbal reactions would help my case.

An employer does not have to allow recording of any kind in the workplace even though state law permits recording of conversations to which one is a party.

From the Digital Media Law Project (2014):

https://www.dmlp.org/legal-guide/new-jersey/new-jersey-recording-law

I see some problems with any complaint you file, the major one being that you have a history that indicates you do not play well with others, whether this assessment is deserved or not.

You can speak to a civil rights attorney in New Jersey for a personal review. Good luck.

 

[Rubio acero]

What makes you believe that your EMPLOYER acted in a discriminatory manner against you?

They based there reason for termination on the story of the employee this was despite having 2 witness testimonies and a video that vindicated me.

 

[Rubio acero]

Give examples of the "derogatory comments".

why don't you go back to the island, You only got this job because of your papi, Sorry I don't speak spanish, I can't wait till trump get's rid of all of you curse word,

 

[quincy]

why don't you go back to the island, You only got this job because of your papi, Sorry I don't speak spanish, I can't wait till trump get's rid of all of you curse word,

You should seek out an attorney in your area, if these are the types of comments that were made and your employer did nothing to stop them.

 

[Rubio acero]

An employer does not have to allow recording of any kind in the workplace even though state law permits recording of conversations to which one is a party.

From the Digital Media Law Project (2014):

https://www.dmlp.org/legal-guide/new-jersey/new-jersey-recording-law

I see some problems with any complaint you file, the major one being that you have a history that indicates you do not play well with others, whether this assessment is deserved or not.

You can speak to a civil rights attorney in New Jersey for a personal review. Good luck.

And what does this have to do with the question I asked? I don't understand why I get people who come onto these forums and ask all this questions without ever answering my questions. I didn't come here for you to judge my case or even to see how it holds up if I wanted that I would ask for an attorney I'm here for answers to legal questions.

I wanted to know in the other question if I could protect myself by recording my interactions so that if I was let go I can prove that there was racial motivation.

Now I want to know if the current company that I have filed a complaint against actually has video and destroys it or gives some excuse to destroy it how can I use that in my defense.

 

[Zigner]

They based there reason for termination on the story of the employee this was despite having 2 witness testimonies and a video that vindicated me.

That, in an of itself, does not mean you were discriminated against based upon national origin.

 

[quincy]

And what does this have to do with the question I asked? I don't understand why I get people who come onto these forums and ask all this questions without ever answering my questions. I didn't come here for you to judge my case or even to see how it holds up if I wanted that I would ask for an attorney I'm here for answers to legal questions.

I wanted to know in the other question if I could protect myself by recording my interactions so that if I was let go I can prove that there was racial motivation.

Now I want to know if the current company that I have filed a complaint against actually has video and destroys it or gives some excuse to destroy it how can I use that in my defense.

Uh ... you do realize, don’t you, that your post is incredibly rude?

Unless or until you file a legal action and move to have all evidence preserved, the employer is under no legal obligation to save video or audio tapes.

I recommend you speak to an attorney in your area for a personal review.

 

[Zigner]

You should seek out an attorney in your area, if these are the types of comments that were made and your employer did nothing to stop them.

That is key. From the OP's story, it doesn't sound to me as if the employer did nothing to stop them once they were made aware. In fact, per the OP, the employer stopped the behavior pretty promptly.

 

[Taxing Matters]

No this was not the first and the employer claims the video has no audio

Then if there is no audio then the tapes may not be of much value since they will not confirm who said what to whom. All you'll see is that you and the other employee were in the same room together. That's not going to do you much good in showing the other employee "threatened me and used racial slurs". In that case it may not matter much whether the employer destroyed the video already.

 

[Rubio acero]

Uh ... you do realize, don’t you, that your post is incredibly rude?

Unless or until you file a legal action and move to have all evidence preserved, the employer is under no legal obligation to save video or audio tapes.

I recommend you speak to an attorney in your area for a personal review.

If that is what you consider rude then we really must from two different walks of life. Until now you have not answered my question ontop of that you have claimed twice now that I should speak to an attorney when the nj division of civil rights is already pending an investigation. I was actually being very tolerant with you I knew from my past experience that people were going to ask for more information so I included it all and when you asked questions that were already in the original post I answered them even though they had nothing to do with the question I asked.

 

[Rubio acero]

Then if there is no audio then the tapes may not be of much value since they will not confirm who said what to whom. All you'll see is that you and the other employee were in the same room together. That's not going to do you much good in showing the other employee "threatened me and used racial slurs". In that case it may not matter much whether the employer destroyed the video already.

The point of the video is to prove that the company never took the investigation seriously and was biased towards the statements of the employee. So basically the employee had one witness claiming I threatened him and I had two stating I didn't with one being a manager. I also mentioned that he was following me around the building harrasing me and I tried to avoid him. The company has mentioned incorrectly stated my clothes that I was armed with a box cutter and that I took no desclation having the video and the witness statements will prove that this

 

[Zigner]

If that is what you consider rude then we really must from two different walks of life. Until now you have not answered my question ontop of that you have claimed twice now that I should speak to an attorney when the nj division of civil rights is already pending an investigation. I was actually being very tolerant with you I knew from my past experience that people were going to ask for more information so I included it all and when you asked questions that were already in the original post I answered them even though they had nothing to do with the question I asked.

Bless your heart.