employer retaliation/wrongful termination

[robutek]

What is the name of your state? California

I taped recorded a work meeting since I thought it would be an important one about my employer discussing why he wasn't paying his employees (non-exempt) overtime for the past 2+ years. I had placed the tape recorder on top of the table the meeting took place on in clear view so everyone can see. At the meeting I was also humiliated and discharged for accusations of trying to blackmail my employer during a meeting I had with him 2 days prior. (The meeting did take place, and the only threat I made was to file a complaint with the Division of Labor Standards Enforcement for not paying me overtime and if my position wasn't given back to me since I was demoted for asking for my overtime.) Now I am left with no job. Would I have a case to file in smalls claim? And would my tape recording be legal to use in court?

 

[Beth3]

You need to contact CA's Labor Board and file a claim for the back OT you may be due. If you were discharged as a consequence of telling your employer you were going to file a complaint with the State, you should also discuss with them whether that is a wrongful termination under your State's reg's.

 

[robutek]

what about the tape recorded meeting?

 

[Beth3]

That's not an employment law issue and I don't know the answer. It depends upon whether your State is a "one party" or "two party" State regarding tape recording conversations. If the tape recoder was in plain view, I imagine it could be argued that the other parties involved knew about it and as they didn't object, consent was given.