Insane assylum in workplace

[above82]

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

I am a dispatcher for a cable company. the office I just recently started working for is like working in an insane assylum. People scream at each other when phones are ringing, the supervisor cant do her job and there is complete and utter chaos. Theres so much insanity going on I would have to fill this board with posts to write them all.

We do not get scheduled lunch or breaks unless I get up and say so and that isnt always possible. They treat you like you are basially garbage.

My question is, If I were to record the office without them knowing, am i in violation of any privacy laws? I basically want to record what goes on to cover my own arse. I am the 3rd person hired for this position, the 2 others quit because of all the insanity.

And since I do not get any scheduled lunch or breaks are they in violation of any labor laws? I work anywhere from an 8 to 10 hour shift 5 days a week. I have decided to make sure to print all of my time cards to have a record.

 

[Eekamouse]

What exactly do you hope to gain from surrepetiously recording your co-workers?

 

[cbg]

Nothing that you have posted is a violation of any law. Not people yelling and screaming, not the office being in chaos, not the supervisor being incompetent, not there being no lunch breaks. (No breaks of any kind are required by either Federal or Florida law, regardless of the length of shift.)

The answer to your question is that yes, you would be in violation of Florida law is you were to tape without everyone being aware and consenting to it. But even if you could, I'm not sure what you think you could do with it. Unless there is something that you haven't posted, there's no agency or bureau that's going to be interested.

 

[commentator]

Nope, nothing at all to be accomplished here by taping anything. It is perfectly legal to be a terrible horrible bad awful place to work, so bad that you wanted to quit.

If you quit and file for unemployment benefits, you'd have to show that you had a very excellent reason to quit. Working in a madhouse isn't going to be good enough. Having incompletent supervisors, people who yell and scream isn't going to be bad enough. Being given no time to take lunch breaks isn't going to be enough. Being treated like garbage isn't enough.

If they fire you, it'd be a little easier to draw unemployment benefits, as the employer would have to demonstrate that they had a good valid reason to terminate you, actual misconduct on your part. If they are so disorganized and chaotic, they probably don't keep good records, give warnings and documentations, so they probably won't be able to show they had this good reason to terminate you.

My best advice would be to keep the job as long as you can stand it, and be looking diligently for something else right away during your spare time. Because you can't keep them from firing you, you certainly can't sue them for being a bad place to work, you probably won't be able to draw unemployment benefits if you up and quit....vote with your feet, leave and go elsewhere.

 

[Beth3]

My question is, If I were to record the office without them knowing, am i in violation of any privacy laws? I basically want to record what goes on to cover my own arse. I am the 3rd person hired for this position, the 2 others quit because of all the insanity.

Cover your behind for what purpose? Your workplace being utter chaos with people screaming at each other all day long is not illegal. Recording the daily insanity will accomplish nothing.

We do not get scheduled lunch or breaks unless I get up and say so and that isnt always possible.

Neither Floridal nor federal law require that any breaks be provided.

And since I do not get any scheduled lunch or breaks are they in violation of any labor laws? I work anywhere from an 8 to 10 hour shift 5 days a week. I have decided to make sure to print all of my time cards to have a record.

See above.

What you need to do is follow the lead of the prior incumbents in your position and find a new job elsewhere.

 

[above82]

Not looking to accomplish anything by taping the office except if fired and denied unemployment theres evidence of the wrong doing. I know you cant do anything legally about the yelling and screaming im not ignorant about that i was however under the impression breaks were required by law but as i see am wrong. I am already seeking employment elsewhere while dealing with the insanity but with horrible job opportunities its proving quite difficult. Thanks for the info.

 

[cbg]

Not looking to accomplish anything by taping the office except if fired and denied unemployment theres evidence of the wrong doing.

WHAT wrongdoing? You've not described anything illegal.

 

[swalsh411]

If you are terminated and your employer attempts to fight your unemployment benefits claiming misconduct the burden of proof will rest squarely on them.

 

[commentator]

And a tape like this might not be admissible or useful in an unemployment hearing situation anyway. If they fire you for a specific misconduct, such as poor performance, absenteeism, or failure to follow a rule, how would having a tape of them swearing and hollering and acting crazy apart from the particular incident for which you were fired have any bearing at all on whether or not you got approved for unemployment insurance? Hint: It wouldn't.

I suggest that while you are still working in the looney bin, (while looking for other jobs ) keep careful documentation of any warnings, criticisms, incidents, that happen to you. Keep your head down and do not engage in the insanity. Do your job quietly and to the best of your ability in spite of what is going on around you. And make sure that if they terminate you, they did not have a valid misconduct reason to do so. Make sure that you have a copy of their employee manual if they have one, that you keep up with any paperwork or written information they give you. If you are terminated, be sure you recall everything that was said and done during the termination experience.

But proving they were a bad awful place to work that treats employees badly and doesn't give breaks as they might (though not required) does not have anything to do with your individual situation as far as getting approved for unemployment benefits if fired. As someone said, the burden of proof that they had a good misconduct reason to terminate you would rest totally on their shoulders in that case. Yes, things are really hard and jobs are scarce, but I hope you will be able to find something else soon. Good luck to you.