Off topic, Va recording laws.

[HilarityEnsues]

Long story short I need clarifacation on the one party consent law in VA.

Long story short I am being harassed and discriminated against at work after asking for reasonable accommodation for bipolar disorder. Been under a lot of stress and my meds aren't working as well, even at a higher dose.

I am having a sit down with the district manager and my boss later in the week after it was made apparent that my manager lied to the DM and told him I was unable to work at all let alone the request to work strictly night shift since things are much slower paced.

I am planning on recording this conversation in the event I need to approach HR or the EEOC.

The conversation will be in private and three parties involved. I know Va is 1 party consent but I'm not sure if I need to tell the other two parties they are being recorded.

Thanks in advance.

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[HilarityEnsues]

Sorry for the double post, mods delete one thread if needed.

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[SHMIV]

I am no lawyer, but according to the following, it seems that you would be within your rights to record your conversation, without mentioning it:

http://www.stevenkriegerlaw.com/blog/in ... e-in-court

Of course, I would recommend that you look up the legal code that was referenced, and read it for yourself. I would read the whole section, so you have the context.

Bear in mind, too, that I can't speak to the accuracy of the website; I found it through a quick Google search of the topic.

Lastly, I would consider seeking new employment. In my experience, I have found that the work day goes more smoothly when I am not at odds with my superiors.

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[HilarityEnsues]

I've taken a look, I'm well within my rights to record without anyone knowing.

I'm not leaving, trust me on that. I've got all texts between my DM and I, and my direct manager and I for record keeping purposes.

My cousin has already stated he can get me in at Fords Colony landscaping crew if things continue but don't think for a moment Ill screw up my work history before exercising my rights first.

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[SHMIV]

It's your choice, of course; I was only making a suggestion.

I have just found that if I stay somewhere, where I am not wanted or appreciated, I'm the one who suffers most for it. Sometimes, personalities clash, and people are simply unable to work together. It is what it is.

Good luck in the sit down. I hope that everything works out to your satisfaction and benefit. Please let us know how it goes.

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[jdonovan]

One caution. If the meeting occurs on company property/ in the office, you may have a company policy that prohibits recordings.

http://law.lis.virginia.gov/vacode/19.2-62/

So while you may be able to legally record the conversation, if you violate company policy by doing so, that alone may allow them to do a termination for cause.

Also keep in mind VA is a right to work state, and all employment is at will. Either party may terminate the employment relationship at any time without cause.

Now the practical side of things. If the company is unhappy with you, or your work, for whatever reason it's really in your best interest to start looking for another employment option. While you may find some legal way to prolong your employment with them, there are many legal ways they can make it very unpleasant for you in your time there.

[HilarityEnsues]

After reading up on a few cases I'm going to go ahead and call a law firm before recording. Given I've already got texts from management saved, times and dates written down from when I've been harassed by coworkers and customers they can try anything they'd like. I'm a champion in one upping folks when it comes to mind games.

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[HilarityEnsues]

I've done nothing to deserve this. Clean work history, only 1 callout, have come in 90% of the time I've been called to pickup a co-workers shift.

However I've got two worthless coworkers, one who slacks and threatens to sue when written up for it. The other is a former meth head turned alcoholic that calls out a couple times a month with the same excuses. Father has cancer, so and so died, got food poisoning at burger king.

I have talked to the DM again and told him ill speak to her myself. She's more likely to blow her top/incriminate herself if he isnt there.

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[M1A4ME]

We had a shift supervisor who was secretly recording conversations in his office. The company found out about it and fired him for something else. Right.

I've seen several people fired, over the years, for something other than what they did to piss off management.

Just saying, rights or not, right or not, if they want you bad enough they'll usually find a way.

[HilarityEnsues]

Given the texts, written names and dates pertaining to the harassment I've been the target of I have enough to approach the EEOC right now. The way things in this company work, my direct manager has no control over hiring, firing and writeups. That's where the DM comes in. And from speaking to him he's scared of letting this go to HR.

Try as they might ill have the last laugh.

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[HilarityEnsues]

So basically they can fire me if theyd like, but they're setting themselves up for disability discrimination, harassment and wrongful termination. Va may be right to work, but the ADA considers me protected from what's going on right now, and termination in the near future.

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[HilarityEnsues]

Looks like recording its not needed. Got a call from another one of our locations today and the manager at that store said the DM spoke to him directly. He's needed help for a while so I'm transferring.

Old manager better not ask for my help if she's shorthanded.

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[AlanM]

OH rats!
This was just getting really interesting.
Now what am I going to do with this bowl of popcorn?

[HilarityEnsues]

Welp, looks like I'm not transferring. I'm just picking up extra hours with no promise of a permanent solution.

Called DM this morning about it, and was given a bunch of mays and maybes when it comes to transferring. I also recorded the conversation.

Didn't happen on company property so theres that.

Just got off the phone with a lawyer. Not only did she say I have more than a case, but also immediately contact HR via email, save all emails and if the company tries to do anything to me after that she'll take it court for me.

[screwedbygoogle]

I happened to have a recorder in my pocket that just happened to be on during a business meeting with a guy in Oklahoma.

He was a real scammer and had cheated me out of some money as well as performed some faulty work on my Corvette that caused further damage.

In our conversation he admitted what he had done and offered to partially make it right by giving me a good deal later in future dealings but he refused to pay outright for anything.

I got a lawyer. We had the recording transcribed and included a copy of the conversation in a letter to the parent company. We said nothing about the recording.

I oromptly received an apology and check for all damages!

Soooo, my advise is, you can have total recall of the conversation just don't mention recording it. No legal problem and you don't sound so sneaky.

screwedbygoogle
original username modified by google

[HilarityEnsues]

And so it begins. They may think I'm stupid, but I'm far from it. I have employees trying to get me to discuss the complaint in front of cameras, trying to get me to do things that screw up my drawer when I'm up front, also for the first night I had a handful of people tuck things in their pockets in direct view of me. I'm assuming that this is to sucker me into confronting then which I know is a fireable offense. They just happen to be regulars so I know I'm being set up for termination.

I got my response from HR staying they'll have the head of the department contact me early this week. None the less I've got all bsses covered.

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[kelu]

I have a life philosophy: any kick in the ass is a step forward. Never knows what better alternative is around the corner.

[HilarityEnsues]

I'm hard headed and arrogant. They seem to think they can outsmart me. In the long run they may, but for now I'm ahead of the curve. I've got the lawyer on standby in the event things get out of hand.

They're mostly using intimidation tactics to get me to leave out of fear of being fired. Given I haven't been written up yet for anything that has been set up I'm not worried about it.

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[HilarityEnsues]

My god this is turning into comedic gold. They've started taking rolls of coins out of the auto despensing safe and placing them in the drawer I'm set to run on, then refilling the safe afterwards.

My drawer came up $2 short on one register and $5 on the other. Pointed out the safe count and how it's odd that both nickels and dimes were full yet I had them in my drawer. The stutter after calling the manager out had me holding laughter. I told him this is the second night it's happened and was like "what a coincidence, eh?

I'm enjoying this way too much.

[HilarityEnsues]

Hard headed persistence pays off.

After emailing HR and slyly calling them out on assisting management in covering this whole situation up not only have I gotten an email from the head of HR, but I caught someone at my home store swapping out a DVR for camera footage. They claim all parties involved want to resolve the issue.

Unfortunately for HR I can't discuss this issue over the phone, therefore they'll have to email me the resolution in detail.