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Verbal threats valid if made alone in office with hidden cameras

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bledsojames

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

California – My boss always harasses me to do his work, and would make my day a living hell until I help him. So one day, being really upset and alone in my office I made threatening comments about my boss, out of frustration (saying that I was going to kill him) however in the office alone. It was a closed door office and everyone left. I suspected there was a hidden camera and recording device in the office, but there's no proof and figured I was alone so I was able to vent to myself and act angrily.

I had no intentions of hurting anyone, but wanted to get my bosses’ attention of stop harassing me to do his work (if he was spying and wiring tapping on me).

My questions are:
Can they use those comments against me, even though it was recorded and I was alone in my office? There are no warning signs about the cameras and recording devices in the office?

Can I sue them for privacy rights because my other coworker is the one that told me that they installed the hidden cameras?
 


CdwJava

Senior Member
Until you can show that there are hidden audio recording devices, that is a non-issue. All because some other employee said the devices existed does not mean they do.

As for holding any recorded threats against you ... well, criminally? Probably not - at least not in the context you provided. But, that doesn't mean the employer can't terminate you for them. While the law may not concern itself with the comments, your employer is free to act as he or she sees fit.

Try not to worry about something that may never happen. And if you are so miserable, change employers.
 

swalsh411

Senior Member
The crime of "making terroristic threat" includes an element where there was intent for another party to receive the message.

What makes you think they got anything on a recording?
 

commentator

Senior Member
This is something that hasn't happened, you don't even know if the cameras exist, you're just feeling scared and guilty, and realizing what you've done wasn't appropriate. In fact, it was pretty stupid. The verbal harassment of employees is NOT illegal. If your employer is making your life a living hell, tell him politely to leave you alone. If he doesn't, if he fires you for asking to be treated civilly, then you file for unemployment benefits and get them while you are looking for another job. Being fired is not the worst thing in the whole world that could happen. If you found another good job, then you could up and walk away, not needing him and his ugly treatment any more.

But as in abusive marriages, there is always that option to WALK AWAY, not to kill the other person, or even to threaten to kill the other person. How could you have possibly thought that this would "get his attention and make him stop harassing me"? That's a dumb idea, and was a dumb thing to do, even if he was listening in to you. Did you think if he heard you he'd be so terrified he'd start treating you with respect? I do not think anything is going to come of this. But I do think you need to be looking for another job, removing yourself from this situation where you are stressing out, becoming unhealithily angry, and then spending all this time agonizing about whether or not your boss is going to be able to press charges against you for muttering about how bad you hate him and how you are going to kill him.
 

bledsojames

Junior Member
Privacy rights

Thanks everyone, I did feel bad about what I said. However, I noticed that a week after I discuss this with my other colleague whom informed me that the alarm censor in the ceiling of my office has a built in camera, that censor was suddenly removed. Note our conversation was discussed within that office.
My question is, is it illegal in California for a company to have a hidden camera in your office. Don’t they have to display a sign informing people about the camera? Even they removed the evident in the office, could I do anything? Are my privacies rights violated? Any finanical compensation?

Thanks again everyone,
 

CdwJava

Senior Member
My question is, is it illegal in California for a company to have a hidden camera in your office. Don’t they have to display a sign informing people about the camera? Even they removed the evident in the office, could I do anything? Are my privacies rights violated? Any finanical compensation?

Thanks again everyone,
It is not necessarily illegal to have a camera monitoring public/common areas of the business. Audio recording might be a different matter, but video surveillance can be seen as a security measure and many business have such surveillance.

Before you can even THINK about doing anything, you would have to PROVE that the cameras existed. By itself, the recording should not be grounds for a lawsuit, either. How are you harmed by being recorded in your office? Is there an expectation of privacy in a common area in your employer's workspace? Doubtful.

Even if there were cameras, you did NOT just win the lawsuit lottery. Audio devices MIGHT give you an opportunity to spend thousands on an attorney to give it a go, but even that might be iffy and will depend on details that you might have to dig out through a very expensive discovery process.

If you do not like working there, find another job.
 

commentator

Senior Member
Actually I think it is just a case of people really thinking they have more rights and privileges on the job than they really do. Not so much that the person thinks they can sue, but that they think they have the right to privacy or decent treatment or fairness or respect on the job, which doesn't happen to be so. They've just got the right to quit and do better, which is still what I'm advising this person to do.
 
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