Wongful termination?

[melissa1973]

What is the name of your state (only U.S. law)? Massachusetts

My company would like me to sign a consent form that would allow them to covertly audio-tape in my workplace (employees & customers) no signs/notification for customers......illegal in MA.

They are saying that if I don't sign I am giving my 2 week notice. If what they are wanting to do is illegal and I don't want to be involved in it can they fire me for not signing? Is this a violation of public policy?

 

[Beth3]

There's no reason for you not to sign it. If this is illegal for your employer to do, you are not "on the hook" for having consented to it. Any liability is entirely your employer's.

 

[swalsh411]

On what basis do you believe audio taping on private property is illegal?

edit: It has generally been held that being asked to do something illegal is a valid reason to quit your job in terms of unemployment insurance. (if in fact your employer is asking you to break the law, which I don't think they are)

 

[HomeGuru]

What is the name of your state (only U.S. law)? Massachusetts

My company would like me to sign a consent form that would allow them to covertly audio-tape in my workplace (employees & customers) no signs/notification for customers......illegal in MA.

They are saying that if I don't sign I am giving my 2 week notice. If what they are wanting to do is illegal and I don't want to be involved in it can they fire me for not signing? Is this a violation of public policy?

**A: so what is the big deal wbout signing?

 

[melissa1973]

On what basis do you believe audio taping on private property is illegal?

edit: It has been held that not agreeing to break the law is a valid reason to quit your job in terms of unemployment insurance. (if in fact your employer is asking you to break the law, which I don't think they are)

According to the MA wiretapping law it's illegal for them to audio tape customers without their knowledge.....they have to post a sign or if the recording is on the telephone they have to tell them at the begining of the call. If I give my consent they can record me without a problem but what about my customers rights?

 

[ShyCat]

Duplicate thread:

https://forum.freeadvice.com/civil-rights-discrimination-law-101/audio-recording-workplace-504680.html#post2492206

 

[melissa1973]

Duplicate thread:

https://forum.freeadvice.com/civil-rights-discrimination-law-101/audio-recording-workplace-504680.html#post2492206

I did also post this in the Civil rights forum.....I wasn't sure where to put it because it deals with two separate issues......my employment and also privacy rights. Sorry

 

[commentator]

Well, yes, they could fire you. And then you'd file for unemployment benefits and there'd be an appeal. But yes, they certainly can fire you for about any reason. There's really no big problem with them doing this taping, not worth going to the floor with them on, in my opinion, it would certainly be straining a point to let them go ahead and fire you for this, because as someone has already said, you're off the hook, either way, it's not like they were asking you to embezzle or misrepresent something.

 

[melissa1973]

After thinking about this for a few days I have decided to not sign the consent form....audio taping of customers without their knowledge is illegal in MA and by me signing the form I am giving them consent to come into the store to record not only me but the customers as well. It is against my morals, integrity, faith and my better judgement to give consent to and/or partake in illegal and unethical activty.
When my I notified my district manager that I would not be signing she asked if I was giving my two week notice because I didn't sign.

My question is - Can the company force me to resign because I did not sign the form because of the reasons listed above?

 

[las365]

No, but they can give you the opportunity to resign instead being fired. They can legally fire you.

If I were you, I would not resign, because there is a possibility that you can get unemployment benefits if you are fired because you wouldn't sign the document.

 

[melissa1973]

No, but they can give you the opportunity to resign instead being fired. They can legally fire you.

If I were you, I would not resign, because there is a possibility that you can get unemployment benefits if you are fired because you wouldn't sign the document.

Thank you for the response las365

If I tell them I will not give my resignation and they want to fire me at that point can they legally fire me for not wanting to participate in illegal activity? Would it fall under a violation of public policy?

 

[las365]

Generally, there are laws that protect an employee who is fired for refusing to perform an illegal act. To learn whether your situation falls into that category, you would need to consult an experienced employment law attorney in your state.

 

[commentator]

Don't resign. As was said, you can definitely get unemployment more easily if you do not resign. If you are terminated, and the company has to provide the information for the unemployment system as to why you were terminated, that they say "She refused to sign this agreement" then that's more ammunition for you to show that you were terminated for not doing something illegal.

I don't see exactly where you're going to have any protection, under what department or division of civil law, but you do want to get unemployment insurance until you can find another job. You don't need to consult with an attorney before you file for this. So NO, don't say "I'm giving my two weeks notice." Say, " You are going to have to terminate me, go on and do what you have to do. " They may be bluffing. Else they're really going to struggle with the wording of the reason they give for your termination. Either way, good luck to you. These people are obviously jerks, and you will soon find a job working for a more ethical business.

 

[melissa1973]

Thank you las365 & commentator for the help and advice

 

[melissa1973]

My DM was notified on Saturday by my store manager that I was not signing the consent. My DM asked "so...does this mean she's giving her two weeks notice?". When I got to work Sunday I emailed her letting her know my reasons for not signing and also letting her know I was NOT giving my two week notice. She asked me to call HR. I called HR and she insisted that "that law has nothing to do with **** , that law only pertains to organized crime." (wtf?) I tried explaining that it did pertain to them, that it pertains to everyone in the state unless you fall into an exception to that law......which our company does not. We went back and forth about what that law says for a few minutes and then she said things like it's okay if we tape customers because Staples does it and then named a few more stores who also do it. Then she let me know that it was okay to tape them because "how would they find out about it?" and said "They're not going to know they're being recorded" She let me know that I have probably been recored multiple times if I went into any of the stores that have the same mystery shopper program and then almost in the same breath tried telling me that it would be rare for our customers to get caught on the recording. (???????) I was completely blown away by what she was saying. She kept saying throughout the conversation things like "if you don't trust the company you should give your 2 week notice" , she brought up the trust issue 6-7 times. She asked me to give my two week notice atleast 10 times in a 20 minute phone call. I kept telling her I was not giving my two week notice but every time I said I wasn't signing the form she would say "so that means you're giving your two week notice then??" We got no where.
My DM called me back and let me know I was going to be involutarily terminated (which is the same as getting fired I guess?) and that the date I was being involuntarily terminated was two weeks from the date that I sent the letter saying I was not signing the form.

Why would an involuntary termination take place on the same day as my two week notice IF I had given it??

edited to add- Just to make sure I was not interpreting the law wrong and that what they want to do IS illegal I caled the state atty. generals office, my county DA's office, the federal dept. of labor and the police in the city of my employment......they all assured me that that law is NOT only for organized crime and that my employer under no circumstances has the right to audio tape customers without their knowledge.