2 party consent

[whistleblower911]

Maryland

My (now former) boss physically and sexually assaults/harasses the female employees. Corporate has known for a long time and failed to act on our behalf.

I decided to record a meeting with him. It proved blatant bias toward a young female employee. This was in public.

I also recorded a follow up conversation with HR. Shel later insisted i gave my notice over the phone. The recording proved she was lying. I specifically said I had not and was not giving notice at the time. it was a phone conversation.

I went to work and was fired on the spot citing the handbook. I have not seen the handbook since i signed it a year ago and i had asked for a hard copy on several occasions. The manager received no meaningful discipline for his actions.

I had no idea i was doing anything wrong. I was just trying to help people. I thought that you just couldn't put it on the internet. I only emailed corporate.

I'm researching online and i found out about two party consent. Federal law offers some protection in cases like these but it seems state law supersedes federal law. I had no idea that was even possible. It isn't. I just misunderstood... "On Thursday, the National Labor Relations Board ruled that upscale grocer Whole Foods cannot forbid employees from recording conversations or taking photographs at work without a supervisor’s permission. (Local laws, however, could still come into play in certain situations, as several states require the consent of two parties in order for a conversation to be recorded legally.) This is exactly why i need help lol

I just wanted to protect people who were too afraid to speak up. I cant afford a lawyer. My gut says they wont pursue it because it exposes too many of their skeletons I know i can go to legal aid, etc but its a Saturday and I'm terrified.

Any advice other than the fact that im probably screwed would be greatly appreciate it.


I am absolutely freaking out. I just wanted to protect people who were too afraid to speak up. I cant afford a lawyer. My gut says they wont pursue it because it exposes too many of their skeletons I know i can go to legal aid, etc but its a Saturday and i'm terrified.

 

[justalayman]

I’m not sure what you’re referring to when you say you don’t know if they will pursue it. All the company has to do to pursue the issue is report it to the police. It will be up to the prosecutor at that point of whether to file charges or not


I will say that if contacted by the police, do not give statement without your lawyer present (I know you don’t have one now which means do not speak with th police until you do).


Btw: the proper action, if the employer does not remedy a situation such as you describe, you contact the eeoc. Even if you were not s direct victim but only saw the activity you can file a complaint with the eeoc

 

[cbg]

How do you know what discipline the manager received? Unless you have access to his personnel file, all you know for certain is that he wasn't fired. There is no obligation to make discipline public.

In any case, for next time you'll know to report it to the EEOC, not to take matters into your own hands. In fact, given the totality of the circumstances, I'd call the EEOC anyway. This is one of those rare situations that might actually constitute a wrongful term. Not a slam dunk by any means, but I can't in fairness rule it out.

 

[whistleblower911]

I am saying I don't think the company is going to take legal action because they would be screwing themselves as well.
I don't think its criminal. They would use their lawyers not the police. My luck the feds will show up at my door.
I had planned to go to the EEOC, labor board, TV News a damn congressmen if i had to. But until i find out if im in trouble I cant poke the bear.

I’m not sure what you’re referring to when you say you don’t know if they will pursue it. All the company has to do to pursue the issue is report it to the police. It will be up to the prosecutor at that point of whether to file charges or not


I will say that if contacted by the police, do not give statement without your lawyer present (I know you don’t have one now which means do not speak with th police until you do).


Btw: the proper action, if the employer does not remedy a situation such as you describe, you contact the eeoc. Even if you were not s direct victim but only saw the activity you can file a complaint with the eeoc

 

[justalayman]

I am saying I don't think the company is going to take legal action because they would be screwing themselves as well.
I don't think its criminal. They would use their lawyers not the police. My luck the feds will show up at my door.
I had planned to go to the EEOC, labor board, TV News a damn congressmen if i had to. But until i find out if im in trouble I cant poke the bear.

Well, depending on the circumstances when you recorded the conversation, it may very well be criminal.

PA also allows for civil actions if the recording causes the aggrieved party to be damaged. As long as you do not use the recordings, that would mean the company would have no action against you.

You can file a complaint with the eeoc, or anybody else, based on your situation and not use the recording


And since this is in Maryland what pa thInks is irrelevant. I looked up the wrong state just now.. I’ll be back with an update

 

[whistleblower911]

How do you know what discipline the manager received? Unless you have access to his personnel file, all you know for certain is that he wasn't fired. There is no obligation to make discipline public.

In any case, for next time you'll know to report it to the EEOC, not to take matters into your own hands. In fact, given the totality of the circumstances, I'd call the EEOC anyway. This is one of those rare situations that might actually constitute a wrongful term. Not a slam dunk by any means, but I can't in fairness rule it out.

There are only 2 acceptable outcomes to physical/sexual assault and harassment. Transfer (slap on the wrist in my opinion) or termination. You protect peoples safety and remove the source causing the hostile work environment. We can't exactly protect ourselves with a piece of paper stuck in a drawer.

As to taking matters into my own hands - I spoke for people who could not speak for themselves and i did everything i could do in house before i was going legal.

That's whats wrong with the world today. No one speaks up. We have a responsibility to speak up for those who can't. Like children in interment camps for example. People spoke up and now those kids get to go home.

 

[whistleblower911]

Well, depending on the circumstances when you recorded the conversation, it may very well be criminal.

PA also allows for civil actions if the recording causes the aggrieved party to be damaged. As long as you do not use the recordings, that would mean the company would have no action against you.

You can file a complaint with the eeoc, or anybody else, based on your situation and not use the recording

Federal law alows it, exspecialy in cases like this.

 

[justalayman]

Maryland lives by the same basic rules. All parties must consent to a conversation unless there is no reasonable expectation of privacy. Violation of the law allows both criminal and civil actions.

https://www.rcfp.org/reporters-recording-guide/state-state-guide/maryland

 

[justalayman]

There are only 2 acceptable outcomes to physical/sexual assault and harassment. Transfer (slap on the wrist in my opinion) or termination. You protect peoples safety and remove the source causing the hostile work environment. We can't exactly protect ourselves with a piece of paper stuck in a drawer.

As to taking matters into my own hands - I spoke for people who could not speak for themselves and i did everything i could do in house before i was going legal.

That's whats wrong with the world today. No one speaks up. We have a responsibility to speak up for those who can't. Like children in interment camps for example. People spoke up and now those kids get to go home.

No. An employer can take actions to stop the activity and be within the law, regardless what they do.. if all they did was talk to the guy, even without threatening his job, that is an action to end the activity. Of course if the activity continues and th company doesn’t take greater action to end the activity, they reach a point where they incur liability both to the person aggrieved party and to the government.

 

[justalayman]

There are only 2 acceptable outcomes to physical/sexual assault and harassment. Transfer (slap on the wrist in my opinion) or termination. You protect peoples safety and remove the source causing the hostile work environment. We can't exactly protect ourselves with a piece of paper stuck in a drawer.

the law does not demand you remove the source. It demands you stop the activity.

As to taking matters into my own hands - I spoke for people who could not speak for themselves and i did everything i could do in house before i was going legal.

that’s honorable but depending on the totality of thn facts, it may not provide you with any legal rights.

That's whats wrong with the world today. No one speaks up. We have a responsibility to speak up for those who can't. Like children in interment camps for example. People spoke up and now those kids get to go home.

well, some of them. Still a lot not being reassociated with their parents.

 

[justalayman]

Federal law alows it, exspecialy in cases like this.

Federal law allows what? The recording? Even if true, that doesn’t prevent you from being prosecuted under state law. Only if there is federal law that protects your actions would you be safe from state law prosecution and state laws are most likely what would be prosecuted. I have not researched any possible whistleblower protections. There may be something there but I don’t know offhand and without more to go on, couldn’t tell anyway.

 

[cbg]

The problem here is that you don't get to decide what is an acceptable response. When you own the company, you can make the rules. Until then, the employer decides what discipline is appropriate, and they don't have to announce to the world what they did. It is not your decision.

You had a means to speak up for others who couldn't or wouldn't speak for themselves that would have been protected by law and that you could not have been fired for exercising. You chose not to exercise it but to violate a state law instead. That is NOT protected. If you had been looking for the worst way to handle this, you couldn't have done a better job.

As I said, given the totality of circumstances, you may have some legal recourse but you have a lot less than you would have if you'd handled the matter differently.