Legal Question in Employment Law in California
Can I be charged with a violation if I file a complain against my employer at the EEOC? I record a conversation which I know was not the smartest thing to do. I am not planning to use it against her or blackmail anyone with it. I feel I was terminated wrongfully. I was hired to cover PTO and sick days for accounts receivable position. I was told I would be trained for the positions. This never happened when I started asking questions about my position. Because there were times I ened up with nothing to do and my job description or title did not match what I was doing. The supervisor never communicated with me or spoke to me about areas I needed to improve. Just one day she decided she did not want me as an employee. She started accussing me of not doing my job, she would speak to me as if I was incompetent, and when I showed interest in a new position. Her behavior became unbearable. HR did nothing to help or give a resolution. I was told by coworkers this was a pattern of behavior of the supervisor. I felt no one was listening and was desparate to keep my job until I found something else. It was obvious she was planning to terminate me. When I asked her about the position, she was very dishonest even when there was a deposit missing. I was treated like I took the money. She would not answer my qeuestions but just talk in circles. I felt I was pushed into a corner to try to do something to safe my job. I was written one day, refused to sign the document. The HR lady yelled at me for it, the next day I was terminated. What can I do to protect myself. I want to file a complain with the EEOC, but I am concern about the recording. Even thou you can't tell or really hear its her. I was desparte to try to keep my job. Now I am left with no income, I don't have my rent or car payment money. I am still waiting to hear from unemployment. What can I do to protect myself?
1 Answer from Attorneys
If you secretly recorded a private conversation without the consent of the other individual, you committed a crime and the recording will not be admissible in court. If you pursue legal action against this company, it is inevitable the recording will be discovered because an attorney has an ethical obligation to produce it in discovery, placing you in jeopardy, both civilly and criminally.
You would have to have a very strong case to make the risks worth taking. You mentioned filing a complaint with the EEOC but do not state what the basis would be for such a complaint. The EEOC is a federal agency that investigates claims of discrimination based on sex, age, race, disability and other protected classifications. If you have evidence that your supervisor discriminated against you for unlawful reasons, you may have a legitimate case. If this is a case where she simply did not like you for some unexplained reason, you do not have a case, assuming you are an "at-will" employee, as most people are.
You can certainly interview with the EEOC to get feedback on the criteria they are looking for or you can consult with a private attorney for an assessment of your case. But you must seriously consider the potential consequences if you are not successful, due to the recording.
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