Legal Question in Sexual Harassment in California

Re: sexual harassment

NO! In California, it is illegal to secretly record private conversations. You could be subject to criminal and civil penalties, and it is not admissible in court.

You need to check into the employer's harassment policies, which they are required to have, and complain to the appropriate person about your co-worker's harassment. Do this in writing, detailing what he is doing. It is the employer's job to stop it and if it doesn't, once you have brought it to their attention, or they retaliate against you, you may have a case against the employer too.

Re: sexual harassment

Making a recording of a conversation requires the agreement of all parties to the recording. Failure to get permission from all participants can result in a criminal action against you. Don't do it. Find an experienced employment laywer in your area to advise you.

Re: sexual harassment

Probably not, but there are other ways to prove it, such as witnesses. If you told your friends at the time it happened, that is also usable evidence. More importantly, you should be formally complaining to management in writing, since the company is not liable unless they are on notice of the problem. Contact me if interested in discussing your rights and the remedies available.