Legal Question in Sexual Harassment in California

No, surreptitious (secret) recording is considered a criminal act, and could subject you to fine and potential incarceration. You should go through the specified channels to complain. You might also complain to the California Department of Fair Employment and Housing.

Illegally recording anyone [without their knowledge and consent] could result in criminal charges in addition to discipline/termination.

Forget about recording, you could go to jail. Instead, focus on witnesses. In sexual harassment cases, witnesses are very important. You may want to consider tracking down others who previously worked for this person. Past employees sometimes make good witnesses in order to prove up a pattern of harrassing conduct.

If you would like to discuss this further, please feel free to contact me at 1.877.505.INJURY.

If he voluntarily leaves messages on your voice mail, then that is admissable evidence. Therefore if you have sexual advances on your voice mail, then please save them and have them transcribed. Please be aware that you must file with the DFEH within one year or the EEOC within six months prior to filing suit. Contact me directly at 619 222-3504 or e-mail me at [email protected] for assistance.