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Legal or Not Legal: Audiotaping a conversation with management and posting it online?

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Eekamouse

Senior Member
Why are you so sure that anyone is going to care about the poor treatment you think you suffered as an employee? You're just going to look like an incredibly bitter, vindictive fool to anyone who sees you and your sign. Your former co-workers and management are surely going to laugh at your efforts and you'll not get the satisfaction you think all this will give you.
 


Just Blue

Senior Member
Why are you so sure that anyone is going to care about the poor treatment you think you suffered as an employee? You're just going to look like an incredibly bitter, vindictive fool to anyone who sees you and your sign. Your former co-workers and management are surely going to laugh at your efforts and you'll not get the satisfaction you think all this will give you.
The cops will be called so quick I doubt many will even see the sign...
 

commentator

Senior Member
Quote: "Not so fast. First off, I care. Secondly, they are not getting a free-pass for the deceitful and disgusting manner in which management acted. I will be filing a complaint with the appropriate agency in my town looking for monetary damages for the simple fact, if nothing else, that management did not contact me about my firing and thus inhibited me from getting employment elsewhere during that time frame. I will ask the agency their opinion in deciding whether to move forward with this or not. Thirdly, I do have another job, and I am going to be advertising for it directly in front of their building as customers drive in and past me seeing the sign I am holding advertising for my business to the customers that I served in quite a friendly manner"

If you honestly believe "they are not getting a free-pass" then you must think there is some law they've violated, some statute against doing just exactly what they did to you. There isn't.

If you are going to file a complaint with the appropriate agency, you must be talking about the unemployment insurance office, because there is NOWHERE else that would be even slightly interested in taking or hearing about a complaint from you about how you were treated at this job. If you are fired from a job, sometimes if you have worked long enough, you can qualify for unemployment insurance, and during the determination of whether or not you would qualify for this, they listen to the ins and outs and ups and downs of what they said, what you said, what was done or not done to you. They are trying to determine if the employer had a valid reason, good cause to terminate you or not. And when that is over, whether you do or do not get approved for unemployment benefits, NO ONE wants to talk about it anymore.

What happened in the movie "Philadelphia" is very far removed from what has happened to you in some fast food or grocery store job where a supervisor didn't tell you for sure whether you were fired or not. Get real! Comparisons of this type just show you to be very far from reality, as does your scheme to picket in front of this business. Really, please, move forward.
 

nsf

Member
Not so fast. First off, I care. Secondly, they are not getting a free-pass for the deceitful and disgusting manner in which management acted. I will be filing a complaint with the appropriate agency in my town looking for monetary damages for the simple fact, if nothing else, that management did not contact me about my firing and thus inhibited me from getting employment elsewhere during that time frame. I will ask the agency their opinion in deciding whether to move forward with this or not. Thirdly, I do have another job, and I am going to be advertising for it directly in front of their building as customers drive in and past me seeing the sign I am holding advertising for my business to the customers that I served in quite a friendly manner.

Lastly, "C", are you saying that Tom Hank's character in Philadelphia was, as you specifically stated, "extremely self obsessed and dedicated to grudge holding"? Or, are you saying that people who hold other people accountable for their disgraceful and selfish wrong-doings are "extremely self-obsessed and dedicated to grudge holding"? Interesting comment(s) coming from a legal forum.

If after speaking with the appropriate agency, if I have a case, I will pursue it, if not, I won't. Yes, the CEO will receive a letter, and if I can make that letter and or other materials available for many to see, so long as it is legal, I will do that as I think it would be appropriate.

If someone killed my animal, should I just let them go on with a free-pass, or should I let the NOBODY CARES world know what a scum-sucking POS this individual is? Yes, "in-part", it is payback, plain and simply, but also, I don't think it is healthy for the psyche to let someone squash your testicles and just go on without any consequence; the word "dignity" comes to mind. Number one, this is why there is so much pervasive sexual assault - because no one said anything to the world in which they thought NOBODY CARES. And since they were not part of the solution, they were part of the problem. On the other hand, I have seen people go overboard and ruin their life with ongoing revenge. What I'm trying to do falls more into the category of "closure" - another psychological concept. I WILL move on from this, soon. If I really want to publicize this, I can turn it into something projecting myself in a positive light. "C", your attitude, in part, is more along the lines of 'don't get involved, run and hide.'
If you are intent on seeking "closure" by publishing material about your former employer online, I recommend you have a publishing law professional personally review what you intend to publish PRIOR to publication.

If you act in haste, while you are still angry and feeling wronged, you are apt to make publishing errors that can create some legal headaches for you.
Thanks Quincy, I agree.
 

nsf

Member
You still didn't answer my question. Let me rephrase. What do you expect to accomplish?
Thank you for your question. I think it would be better for me to answer your question in regards to 'all of my potential actions', rather than just publishing the tapes, if you don't mind. I expect to accomplish a few things.

First, I'm seeking monetary damages.

Secondly, by punishing the manager, I expect to significantly increase the odds that this manager will not discriminate and/or retaliate against future employees (whom report harassment to her) out of fear that her restaurant will be sued because that/those employees are being harassed by the same mentally defunct employee.

Thirdly, I expect to increase the odds that this manager will be fired.

Fourthly, I expect to bring some form of misery to this manager, with 100% completely legal actions ("disclaimer" :). Yes, I want her to be punished and feel it. As a sidenote, I worked for the past 4 months making very little money at that restaurant, knowing that the summer months are when you make good money everyday. I was fired on the first day of the 'summer months'. I consider her actions to be selfish and somewhat egregious. She's not getting a free-pass.

Fifthly, it's an opportunity for me to promote my business to consumers who may be very interested in it, considering the clientele, and the fact that some got to know me during my time as a server.
 

nsf

Member
Quote: "Not so fast. First off, I care. Secondly, they are not getting a free-pass for the deceitful and disgusting manner in which management acted. I will be filing a complaint with the appropriate agency in my town looking for monetary damages for the simple fact, if nothing else, that management did not contact me about my firing and thus inhibited me from getting employment elsewhere during that time frame. I will ask the agency their opinion in deciding whether to move forward with this or not. Thirdly, I do have another job, and I am going to be advertising for it directly in front of their building as customers drive in and past me seeing the sign I am holding advertising for my business to the customers that I served in quite a friendly manner"

If you honestly believe "they are not getting a free-pass" then you must think there is some law they've violated, some statute against doing just exactly what they did to you. There isn't.

If you are going to file a complaint with the appropriate agency, you must be talking about the unemployment insurance office, because there is NOWHERE else that would be even slightly interested in taking or hearing about a complaint from you about how you were treated at this job. If you are fired from a job, sometimes if you have worked long enough, you can qualify for unemployment insurance, and during the determination of whether or not you would qualify for this, they listen to the ins and outs and ups and downs of what they said, what you said, what was done or not done to you. They are trying to determine if the employer had a valid reason, good cause to terminate you or not. And when that is over, whether you do or do not get approved for unemployment benefits, NO ONE wants to talk about it anymore.

What happened in the movie "Philadelphia" is very far removed from what has happened to you in some fast food or grocery store job where a supervisor didn't tell you for sure whether you were fired or not. Get real! Comparisons of this type just show you to be very far from reality, as does your scheme to picket in front of this business. Really, please, move forward.
Not so fast.

#1...
If you honestly believe "they are not getting a free-pass" then you must think there is some law they've violated, some statute against doing just exactly what they did to you. There isn't.
"The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:
  • communicating with a supervisor or manager about employment discrimination, including harassment
"Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it."

#2...
If you are going to file a complaint with the appropriate agency, you must be talking about the unemployment insurance office, because there is NOWHERE else that would be even slightly interested in taking or hearing about a complaint from you about how you were treated at this job.
Simply, you are wrong, as I showed in #1.

#3...
What happened in the movie "Philadelphia" is very far removed from what has happened to you in some fast food or grocery store job where a supervisor didn't tell you for sure whether you were fired or not. Get real! Comparisons of this type just show you to be very far from reality, as does your scheme to picket in front of this business. Really, please, move forward.
Simply, you are wrong again. Tom Hank's character was told he was fired for one reason, where in fact he was fired for another reason. I was told I was fired for one reason, where in fact I was fired for another reason. In said movie, they retaliated against him out of fear and anger. In my circumstance, they retaliated against me out of fear and anger. There is most definitely a LARGE overlap between the two situations.
 

nsf

Member
You state that you have a Masters in psychology and you think picketing illegally in front of your ex employers business will accomplish anything except being carted away by a police officer?
Actually, there is something called "THE CONSTITUTION OF THE UNITED STATES". If you have time, take a look at the First Amendment. On the other hand, I did read this in Wikipedia: "It is a common misconception that the First Amendment prohibits anyone from limiting free speech, including private, non-governmental entities. It is only applicable to state actors."
 
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nsf

Member
Dude, you are your own worst enemy.
About 10 years ago, I was seeking unemployment from a job whereby I had quit do to being asked to engage in illegal activities by my supervisor at the hospital I was working at. They objected to the claim. I went through the rounds of 'mediation-determination' for whether or not I was entitled. I lost 2 or 3 rounds in a row. My option at that point was to file a lawsuit (don't recall 100%, but I think it was classified as a lawsuit) against the employer, though I had no money to hire an attorney. I would have to create the brief myself by following a 'template-brief' provided by the court or unemployment board (don't recall whom). Let me take a guess. You (and 'commenter' and likely others) would probably have said not to pursue - "YOU HAVE NO CHANCE WITHOUT AN ATTORNEY"! I made my brief without ever consulting an attorney for anything. The brief was great, I must admit.

About 3 years after I filed my unemployment claim, I won my case in the NJ court. WORTH IT? 100%. Not only did they try to screw me over, but they lied about everything. They weren't getting a free-pass. And they didn't. A few years later, I had another lawsuit with a restaurant for illegal termination. A lawyer helped me win my workers comp case. And then I filed a complaint with the EEOC in NY. They had an attorney, I did not. I also won my case. Worth it? 100%.
 

LdiJ

Senior Member
About 10 years ago, I was seeking unemployment from a job whereby I had quit do to being asked to engage in illegal activities by my supervisor at the hospital I was working at. They objected to the claim. I went through the rounds of 'mediation-determination' for whether or not I was entitled. I lost 2 or 3 rounds in a row. My option at that point was to file a lawsuit (don't recall 100%, but I think it was classified as a lawsuit) against the employer, though I had no money to hire an attorney. I would have to create the brief myself by following a 'template-brief' provided by the court or unemployment board (don't recall whom). Let me take a guess. You (and 'commenter' and likely others) would probably have said not to pursue - "YOU HAVE NO CHANCE WITHOUT AN ATTORNEY"! I made my brief without ever consulting an attorney for anything. The brief was great, I must admit.

About 3 years after I filed my unemployment claim, I won my case in the NJ court. WORTH IT? 100%. Not only did they try to screw me over, but they lied about everything. They weren't getting a free-pass. And they didn't. A few years later, I had another lawsuit with a restaurant for illegal termination. A lawyer helped me win my workers comp case. And then I filed a complaint with the EEOC in NY. They had an attorney, I did not. I also won my case. Worth it? 100%.
You aren't talking about anything like those examples here.
 

nsf

Member
You seem to be under the impression that the only thing you could be sued for is the actual posting, and that since posting is not a crime you could not be sued, or at worst you could not lose. What you are failing to understand is that depending on the actual content of the messages, you could be sued, and lose the suit, for making the contents public. There is a difference.
Thank you for your concern, I do appreciate it. I must admit that I have had to re-read your comment multiple times to try to understand it. The content of the messages: Well, let's just say that I only posted the part whereby, in one conversation, I was told that I would be contacted and given a decision by management. And then in another conversation, I posted management, stating, overall, that what I was saying was not true. I could keep it that simple.
 

nsf

Member
Why are you so sure that anyone is going to care about the poor treatment you think you suffered as an employee? You're just going to look like an incredibly bitter, vindictive fool to anyone who sees you and your sign. Your former co-workers and management are surely going to laugh at your efforts and you'll not get the satisfaction you think all this will give you.
Wrong. You seem to be assuming you know what my sign will say. "Laugh", no. It will cost them money and the manager only cares about her bonus. What is her bonus based on? The amount of money the restaurant takes in. She will most definitely not laugh, however, your comment is laughable.
 

nsf

Member
The cops will be called so quick I doubt many will even see the sign...
Actually, they will be called quicker than you think. I'm going to call them and let them know what I am doing right before I step on the 'public sidewalk' and/ or public street in front of their building.
 

nsf

Member
What was the physical and verbal harassment? What were the "illegal actions" against you?
Quincy, after having time to research a little bit more, I say the following. Retaliation for notifying management about the harassment I was experiencing on the job from this employer. They retaliated by cutting my hours and then firing me, claiming it had nothing to do with that. Management was seriously concerned that I was going to file a lawsuit against them for harassment. I had told management previously that one of my parents is an attorney, hence, the greater fear. Additionally, I was sexually assaulted by a fellow employee and they were worried I would file a lawsuit for that as well, hence, more fear. The assault happened about 6 months before all of this. I filed a complaint with the manager and district manager. When I first filed my complaint with the manager, just her and me, truly, she 'victim shamed' me because, as she quite angrily put it, "now i have to report this to my district manager!" She became even more resentful to me when the accused was fired by the district manager and she 'lost a grill-man', which increases the odds that she would have to work the grill if there was a shortage. I wonder if being 'victim-shamed' is a form of harassment. BTW, I am male. Thank you.
 
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nsf

Member
The cops will be called so quick I doubt many will even see the sign...
WIKIPEDIA PAGE FOR 'US CONSTITUTION 1ST AMENDMENT': "Despite the common misconception that the First Amendment prohibits anyone from limiting free speech, the text of the amendment only prohibits the federal government, along with the states and local governments, from doing so." Is the local police department in a county or large city, like NYC, considered to be "state, or local governments"? If so, and if they were to tell me to leave or be arrested, it would seem that they would clearly be violating my first amendment rights.

Freedom of the press
The free speech and free press clauses have been interpreted as providing the same protection to speakers as to writers, except for wireless broadcasting which has been given less constitutional protection.[207] The Free Press Clause protects the right of individuals to express themselves through publication and dissemination of information, ideas and opinions without interference, constraint or prosecution by the government.[208][209]This right was described in Branzburg v. Hayes as "a fundamental personal right" that is not confined to newspapers and periodicals.[210] In Lovell v. City of Griffin (1938),[211] Chief Justice Charles Evans Hughes defined "press" as "every sort of publication which affords a vehicle of information and opinion".[212] This right has been extended to media including newspapers, books, plays, movies, and video games.[213] While it is an open question whether people who blog or use social media are journalists entitled to protection by media shield laws,[214] they are protected equally by the Free Speech Clause and the Free Press Clause, because both clauses do not distinguish between media businesses and nonprofessional speakers.[208][209][215][216]
 
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