Being call Fat at work by a Manager

[A#1Headache]

more info

Florida statute 934.02(2) defines oral communication as oral communication not subject to interception under circumstances justifying the possability of an interception . The boss records his comments on his smart phone the other employees record such times with their cell phone or smart phones, when alot of people can intercept because such statements are seen by customers and or a number of other employees the insult does not enjoy a justifiable expectation of privacy. Just because 934.03 says in essence Florida is a all party state . The communication may not have a justifiable reasonable expectation of privacy or do you want to use the terminology of standing. Also harassment of a person in most cases leads to minor battery which is a class of misdemeanor of the first degree in Florida Statute 784.03. First Degree Misdemeanor is a crime if the DA will charge is iffy at most but battery is a crime. If you have 5 coworkersand they have their smart phones on their person or if oral statements are made in the presence of other people then the justifiable reasonable expectation of privacy does not apply and is not protected in Florida law and the verbal harassment is open to surreptious interception. Basically if a number of people can hear the insults the person making the insult did not take steps to protect his harassive speach then their is no reasonable expectation of privacy. You can walk into a walmart with a Digital Voice Recorder in your pocket and record the employees making stupid comments while you are just shopping . Also in a case in Florida in a place called Navarre Florida a student recorded the teachers chemistry lecture the teacher filed charges and the DA did not prosecute because even in a classroom the teacher and or students do not enjoy an expectation of privacy which angered the teacher. Alot of people heard what the teacher was saying and the teachers comments were made with the knowledge that people were hearing what she was saying. You can also go into state actor with that circumstances also but the simple and the people own the lecture but the no reasonable expectation of privacy was all that was needed .

 

[commentator]

Florida statute 934.02(2) defines oral communication as oral communication not subject to interception under circumstances justifying the possability of an interception . The boss records his comments on his smart phone the other employees record such times with their cell phone or smart phones, when alot of people can intercept because such statements are seen by customers and or a number of other employees the insult does not enjoy a justifiable expectation of privacy. Just because 934.03 says in essence Florida is a all party state . The communication may not have a justifiable reasonable expectation of privacy or do you want to use the terminology of standing. Also harassment of a person in most cases leads to minor battery which is a class of misdemeanor of the first degree in Florida Statute 784.03. First Degree Misdemeanor is a crime if the DA will charge is iffy at most but battery is a crime. If you have 5 coworkersand they have their smart phones on their person or if oral statements are made in the presence of other people then the justifiable reasonable expectation of privacy does not apply and is not protected in Florida law and the verbal harassment is open to surreptious interception. Basically if a number of people can hear the insults the person making the insult did not take steps to protect his harassive speach then their is no reasonable expectation of privacy. You can walk into a walmart with a Digital Voice Recorder in your pocket and record the employees making stupid comments while you are just shopping . Also in a case in Florida in a place called Navarre Florida a student recorded the teachers chemistry lecture the teacher filed charges and the DA did not prosecute because even in a classroom the teacher and or students do not enjoy an expectation of privacy which angered the teacher. Alot of people heard what the teacher was saying and the teachers comments were made with the knowledge that people were hearing what she was saying. You can also go into state actor with that circumstances also but the simple and the people own the lecture but the no reasonable expectation of privacy was all that was needed .

All this gibberish has nothing to do with the problem that was posted by the OP about a month ago. Because who gives a care whether or not she recorded anything? How would it be helpful? Most restaurant employees are restricted from carrying their cell phones around with them while working the floor. The poster needed to take this issue up with her boss, learn to blow off her co-workers when they teased, and perhaps have someone tell them to put a lid on it.

Hopefully the problem was solved, or the employee has left and found another job. You can record and whine and carry on all day, but "fat" is the most favorite abuse to give someone on the playground, it has replaced "poopyhead' as the new fav in daycares everywhere. And the fact is, the employer's relatives in this small family business were using this to tease and browbeat the new employees, and it worked, it hurt their feelings because they could be guilted into feeling they needed to lose weight, though they may have weighed 120 or 350 pounds. But an EEOC issue? Questionable, even with recordings on top of recordings. In spite of all your overinformation here.

 

[TigerD]

FYI, weight is not a protected characteristic under Federal law, or under the law of any state except Michigan. The District of Columbia protects personal appearance (which includes but is not limited to weight) and a few isolated communities in CA have local laws. Unless you can show valid and supportable evidence that the sole reason for this treatment is that you are a woman, this isn't going to fly.

It may not be a protected class, but weight is covered by the ADAAA. Discriminating against someone because of a perceived disability is just as wrong.

DC

 

[cbg]

Not in the way the OP presented it, it isn't protected by the ADAAA. The employer wasn't perceiving a disabilty - he was just being rude.

 

[eerelations]

Florida statute 934.02(2) defines oral communication as oral communication not subject to interception under circumstances justifying the possability of an interception . The boss records his comments on his smart phone the other employees record such times with their cell phone or smart phones, when alot of people can intercept because such statements are seen by customers and or a number of other employees the insult does not enjoy a justifiable expectation of privacy. Just because 934.03 says in essence Florida is a all party state . The communication may not have a justifiable reasonable expectation of privacy or do you want to use the terminology of standing. Also harassment of a person in most cases leads to minor battery which is a class of misdemeanor of the first degree in Florida Statute 784.03. First Degree Misdemeanor is a crime if the DA will charge is iffy at most but battery is a crime. If you have 5 coworkersand they have their smart phones on their person or if oral statements are made in the presence of other people then the justifiable reasonable expectation of privacy does not apply and is not protected in Florida law and the verbal harassment is open to surreptious interception. Basically if a number of people can hear the insults the person making the insult did not take steps to protect his harassive speach then their is no reasonable expectation of privacy. You can walk into a walmart with a Digital Voice Recorder in your pocket and record the employees making stupid comments while you are just shopping . Also in a case in Florida in a place called Navarre Florida a student recorded the teachers chemistry lecture the teacher filed charges and the DA did not prosecute because even in a classroom the teacher and or students do not enjoy an expectation of privacy which angered the teacher. Alot of people heard what the teacher was saying and the teachers comments were made with the knowledge that people were hearing what she was saying. You can also go into state actor with that circumstances also but the simple and the people own the lecture but the no reasonable expectation of privacy was all that was needed .

So what? What does this have to do with the fact that OP's manager isn't doing anything illegal?

 

[A#1Headache]

Tink about this.

Some bosses in Florida are stupid when an employee is being harassed. Look at Walmart for an example. When a boss finds out he has been leagly recorded by an employee that he harassed that will cause important issues with the boss. If the boss touches the employee or former employee in an unwanted manor. Battery charges can be a issue along with the verbal harassment. Battery fostered by excessive harassment can be a problem in Florida if the victim decides to sue. Recordings presented to juries is a powerful thing. Possable Issues of bad press. Things like that are an issue. Unchecked harassment has led to battery and assults, and theft from the victim of harassment. If the local bank hears about it and the business asks for a loan the harassment will be taken into consideration as part of the liability evaluation and recordings on you tube or court records can be a factor in such a evaluation. So legal recordings have many benefits along with just hearing yourself harass an employee and the employee drops a recording in your lap can cause a person to grow up and be a pro when at work.

 

[TheGeekess]

Some bosses in Florida are stupid when an employee is being harassed. Look at Walmart for an example. When a boss finds out he has been leagly recorded by an employee that he harassed that will cause important issues with the boss. If the boss touches the employee or former employee in an unwanted manor. Battery charges can be a issue along with the verbal harassment. Battery fostered by excessive harassment can be a problem in Florida if the victim decides to sue. Recordings presented to juries is a powerful thing. Possable Issues of bad press. Things like that are an issue. Unchecked harassment has led to battery and assults, and theft from the victim of harassment. If the local bank hears about it and the business asks for a loan the harassment will be taken into consideration as part of the liability evaluation and recordings on you tube or court records can be a factor in such a evaluation. So legal recordings have many benefits along with just hearing yourself harass an employee and the employee drops a recording in your lap can cause a person to grow up and be a pro when at work.

Is Florida a one party state?

 

[eerelations]

Some bosses in Florida are stupid when an employee is being harassed. Look at Walmart for an example. When a boss finds out he has been leagly recorded by an employee that he harassed that will cause important issues with the boss. If the boss touches the employee or former employee in an unwanted manor. Battery charges can be a issue along with the verbal harassment. Battery fostered by excessive harassment can be a problem in Florida if the victim decides to sue. Recordings presented to juries is a powerful thing. Possable Issues of bad press. Things like that are an issue. Unchecked harassment has led to battery and assults, and theft from the victim of harassment. If the local bank hears about it and the business asks for a loan the harassment will be taken into consideration as part of the liability evaluation and recordings on you tube or court records can be a factor in such a evaluation. So legal recordings have many benefits along with just hearing yourself harass an employee and the employee drops a recording in your lap can cause a person to grow up and be a pro when at work.

This has absolutely nothing whatsoever to do with OP's issues. So no, I will not be tinking about this anytime soon.

Please stop posting these long-winded, boring irrelevancies. We are sooooo not interested.

 

[cbg]

Is Florida a one party state?

No, it's not, as a matter of fact.

 

[TinkerBelleLuvr]

Florida is an all-parties must consent to being recorded.