Legal Question in Sexual Harassment in California

Re: audio surveillance

You may not record him without his permission. It would be a crime and carries a $5000.00 statutory penalty. You do not have to put up with this type of behavior though. He is strictly liable for any harassment that occurs on the premises because he is the owner and your supervisor. I would be happy to talk with you about the situation. Please email me directly if you would like a consultation. Thanks!!

Re: audio survalence

Dear 95660

1. Assuming that the employer does not have an employee handbook or manual that prohibits such a recording, and assuming that such recordings are in an area that is generally "public" such that there is no expectation of privacy, then yes, you can record at your peril!

2. If the employer is "touching" you without consent, you have a claim. If the employer is touching others, then the others have a claim.

3. Recording is of course at your individual peril. Job loss, etc.

4. You have described what appears to be a "hostile work environment" as well as offensive conduct towards yourself.

5. Getting witnesses to the hostile environment as well as the individeual acts always is preferred in such a case.

6. It is not clear if the touching is of you, others or the employer touching the employer so as to "arouse" others.

7. always be careful and cognizant of your precarious position. The smaller the employer, the less likely that there is any form of insurance coverage for a claim. The coverage is EPLI, or employment practices liability insurance.

8. Without EPLI, collecting on any claim is just the more difficult!

Good luck.

Sincerely,

Mark Geyer

Re: audio survalence

The general rule is that you cannot record converstaions without their permission. If he is harassing you, that is independently wrong. Do you have any other proof?