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  1. #1
    Join Date
    Aug 2007

    Is voice recording legal?

    What is the name of your state? CT
    My new GM at my restaurant where I am a manager fired one of my shift leaders because he was told she said to someone who had given their notice that "they were lucky to be getting out because things keep getting worse here". His reason on the termination slip was insubordination. He is a 35 year old guy and talked to this 19 year old girl with no witnesses around. After their conversation he twisted everything she said. And because he asked her honest opinion of him and she told him she thinks he doesn't do a lot and sits down a lot, he fired her 90 minutes later. The dicipline matrix for this company states that for this "insubordination" 1st offence-verbal warning, 2nd offence- written, 3rd offence- final warning, and 4th offence- suspention/and or termination. This girl has never been written up for anything, and is wonderful at her job. When he fired her he even told her normally a write up is given, but he is going right to termination. Can she sue? Let me also add he was over heard by a team member(who will sign a statement saying this) saying that when he wants to fire someone he works them up so that he can fire them for something they say to him.
    My next question is- he is after me now and has already tried today to get me to yell at him. Is it legal for me to have a digital voice recorder in my pocket?

  2. #2
    Join Date
    Jul 2007
    because he asked her honest opinion of him and she told him she thinks he doesn't do a lot and sits down a lot, he fired her
    If one of my employees expressed this type of sentiment to me, I would fire them, too, because it would mean that he or she was expressing it to my other employees. True or not, it undermines the boss. It would not be an illegal firing.

    People really don't understand the "three write ups" thing. It is not illegal to fire an at-will employee without writing them up first, even if that is the company's policy. They might get unemployment whereas they almost certainly would not if the file was papered, but what you describe is insubordination, in my opinion. So you ask, can she sue him?, and in theory, sure, because anyone can sue anyone, but would she find a lawyer who would take her case? Highly doubtful.

    As for your plan to tape-record your boss, what do you think that would achieve? Do you think if he baits you into saying something inappropriate and then fires you, you can use the tape to get him fired? Unlikely. Your firing, if for that reason, would also not be illegal. Your best bet is to suck it up and be a supportive employee. When he talks to you, tell him that you just want to do the best job possible the way he wants it done. Don't badmouth him to your staff. Look for another job so you can have the satisfaction of telling him you quit instead of getting fired.

  3. #3
    Join Date
    Aug 2007

    This just all seems so wrong

    Let me explain why this seems so hard to belive he can get away with this...
    Male prep person- NCNS on a Friday shift, he let it go
    Male grill cook- walked out on his closing shift 2 hours before closing and didn't tell anyone, he let it go
    Male pizza maker- left in the middle of Friday dinner because his friend came to invite him out(said he was feeling sick) after he just told everyone if they don't come in or leave sick they can't come back without a dr's note, he let it go
    Male cashier- Mouthed off to a visiting manager, he let it go
    Male grill cook- 1 hour late yesterday without a phone call-20 minutes late today without a phone call, he let them both go
    Male driver- walks around without his hat or name tag with his shirt untucked as he leans around waiting for his shift to be over, he lets it all go
    FEmale shift leader- he harasses her for 45 minutes then asks her honest opinion of himself, he fires her
    FEmale shift leader- leaves a very minor piece of paperwork unfinished- he threatens to fire her
    FEmale team member- 10 minutes late because she was pulled over for a cracked windshield, he threatens to write her up and fire her
    FEmale manager- in the parking lot on time yesterday at 9:58, stopped to pick up some trash outside and in the foyer and walked through the door 3 minutes after 10, he threw pans and yelled to call when she'll be late-it is unacceptable(he's been at least 30 minutes late without a phone call 3 times in his 2 weeks here) When she tried to tell him she was picking up trash he yelled "Do not speak. Do not interupt me"

    I can't see how this guy can get away with all of this when at least 20 team members have witnessed these various actions.

  4. #4
    Join Date
    Jul 2007
    Why didn't you describe this before?

    Keep documenting his behavior. You can certainly contact your company's HR department or the EEOC to make a claim of gender discrimination.

    Your employee's firing is still not illegal, though. And it's still a bad idea to tape someone without their permission.

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