What to do if a company destroys video evidence

[Rubio acero]

New jersey

I was being harrased by a worker who followed me around the building threatened me and used racial slurs. One of the mangers saw him and told us to break up. I continued to work and the worker went upstairs with two other workers and claimed I threatened him. I was called into the office and wrote up a complaint stating that I was the one that was threatened and that I was being harrased and to check the cameras I was suspended without pay and I received a call from one of the two managers who saw the complaints he told me that the other employee was never suspended and that I should be getting my job back as the manager and one of his witnesses stated that I never threatened him. Two days later he told me that I was fired and he was not. I immediately called HR and on recording I asked for a copy of the witness statements and the video. I was denied with them stating it is confidential the next day I got my termination letter and the letter incorrectly mentions my clothing and claims that I took no desclation. I immediatly filed with the New Jersey Division of Civil Rights and in the companies position statement It becomes clearer that they are going solely based on the story of the worker and they provided the witness statements to the division while I can't view them they claim that I never mentioned that I was threatened and two of the witnesses claimed that I threatened the worker so they modified the witness statements. Either way The video will show that the company was way out of line and i'm curious if the company has to provide the video and claims that they don't have it what will it make them look bad or will they be liable for tampering with evidence. I have a recording of them stating that we have the video so it isn't like they never had it

 

[cbg]

How long since all this happened?

 

[Taxing Matters]

Two other questions. First, was this the first incident of racial harassment you experienced with that other employee? And second, would the video also capture the audio — that is, would it have what was said clear enough to make out what you each said to each other?

 

[Zigner]

What civil right do you believe was violated?

 

[Taxing Matters]

What civil right do you believe was violated?

The New Jersey Division of Civil Rights is the state agency to which employee complaints of illegal discrimination by an employer are filed.

 

[quincy]

New jersey

I was being harrased by a worker who followed me around the building threatened me and used racial slurs. One of the mangers saw him and told us to break up. I continued to work and the worker went upstairs with two other workers and claimed I threatened him. I was called into the office and wrote up a complaint stating that I was the one that was threatened and that I was being harrased and to check the cameras I was suspended without pay and I received a call from one of the two managers who saw the complaints he told me that the other employee was never suspended and that I should be getting my job back as the manager and one of his witnesses stated that I never threatened him. Two days later he told me that I was fired and he was not. I immediately called HR and on recording I asked for a copy of the witness statements and the video. I was denied with them stating it is confidential the next day I got my termination letter and the letter incorrectly mentions my clothing and claims that I took no desclation. I immediatly filed with the New Jersey Division of Civil Rights and in the companies position statement It becomes clearer that they are going solely based on the story of the worker and they provided the witness statements to the division while I can't view them they claim that I never mentioned that I was threatened and two of the witnesses claimed that I threatened the worker so they modified the witness statements. Either way The video will show that the company was way out of line and i'm curious if the company has to provide the video and claims that they don't have it what will it make them look bad or will they be liable for tampering with evidence. I have a recording of them stating that we have the video so it isn't like they never had it

In December 2020, the states involved were New York, Pennsylvania and Maryland. Why now New Jersey?

Here is a link to your previous (now locked) thread:

https://forum.freeadvice.com/threads/can-illegally-obtained-evidence-be-used-in-absence-of-evidence.660382/

 

[Zigner]

The New Jersey Division of Civil Rights is the state agency to which employee complaints of illegal discrimination by an employer are filed.

Yes - I was asking the OP what "Civil Right" he believes was violated (i.e. what illegal discrimination does he believe occurred).

 

[Zigner]

In December 2020, the states involved were New York, Pennsylvania and Maryland. Why now New Jersey?

Here is a link to your previous (now locked) thread:

https://forum.freeadvice.com/threads/can-illegally-obtained-evidence-be-used-in-absence-of-evidence.660382/

Considering that the OP said those incidents occurred with "a couple of different employers", I suspect that the OP moves around a lot...for whatever reason(s).

 

[quincy]

Yes - I was asking the OP what "Civil Right" he believes was violated (i.e. what illegal discrimination does he believe occurred).

It might be nice to know if New Jersey is actually the state involved. Unless Rubio acero has employment problems galore, New Jersey was not the state in question before.

If Rubio is claiming harassment and discrimination in several different jobs with several different employers, perhaps Rubio should look closely at his/her own behavior at these jobs that might be contributing factors.

 

[Rubio acero]

Two other questions. First, was this the first incident of racial harassment you experienced with that other employee? And second, would the video also capture the audio — that is, would it have what was said clear enough to make out what you each said to each other?

No this was not the first and the employer claims the video has no audio

 

[Rubio acero]

What civil right do you believe was violated?

Discrimination based on race, color, or ethic origin the employee in question is of the majority race black and I am of the minority race hispanic.

 

[quincy]

No this was not the first and the employer claims the video has no audio

Videotaping without audio is generally not a problem unless there is a reasonable expectation of privacy in the area where the videotaping occurs. Audio recording is more problematic.

Why do you think you are the target of harassment in your various places of employment? Is it just because you are Hispanic or could there be another reason?

 

[Zigner]

Discrimination based on race, color, or ethic origin the employee in question is of the majority race black and I am of the minority race hispanic.

In what way were you discriminated against?

 

[Rubio acero]

Considering that the OP said those incidents occurred with "a couple of different employers", I suspect that the OP moves around a lot...for whatever reason(s).

I have family in new york, and maryland and I went to Pennsylvania for an education program. I'm not sure of how aware people are of how crap the job market is to minorities but I have had multiple cases where employers have said some questionable things or where the majority gets together to make an accusation with no evidence against a minority. In order to better protect myself against discrimination I asked that question to see if recording some of these verbal reactions would help my case.

 

[Rubio acero]

Videotaping without audio is generally not a problem unless there is a reasonable expectation of privacy in the area where the videotaping occurs. Audio recording is more problematic.

Why do you think you are the target of harassment in your various places of employment? Is it just because you are Hispanic or could there be another reason?

The individual in question was racist and was jealous because I was close with the managers in other locations it is because of my race. it's one thing when people don't like me but when they make derogatory comments am I wrong to assume that they don't like me because of my race.