Legal Question in Employment Law in Michigan

Fired for Tape-recording a meeting

I worked full time for a firm for 5+ years and on this one occasion my employer posted a notice that a company meeting was being held on a Saturday and attendance was MANDATORY. The normal work week was Monday-Friday, 8:30-5:00. I was unable to attend Saturday meeting because of illness, and was informed by my employer that I would be disciplined for missing meeting. At the disciplinary meeting, I produced a tape recorder and said I wished to record meeting. Employer agreed, and then 5 seconds later said no and told me to turn recorder off. I refused, and employer told me again to shut it off or I could ''walk''. I again refused, and he replied ''Fuck it then, you're fired! Get the fuck out of here!''. The recorder was in plain sight, and I have the conversation on tape.

I believe the discipline for missing the meeting was a false pretext, and that my employer was looking to terminate me because I am disabled (amputee).

My question is this- Since my employer had a witness present(operation manager) at the discipline meeting, am I allowed to record meeting? Can I be fired for one act of insubordination?(refusing to turn off recorder).


Asked on 3/17/02, 10:53 am

1 Answer from Attorneys
William Morrison Action Defense Center

Re: Fired for Tape-recording a meeting

The answers to your questions are;

(1). Since my employer had a witness present(operation manager) at the discipline meeting, am I allowed to record meeting? NO.

(2). Can I be fired for one act of insubordination?(refusing to turn off recorder)?

YES.

It is possible to contest the discharge if you have an employee handbook that has a progressive discplinary procedure. But, if it contains the words "terminable at will" your discharge is probably lawful. You are entitled to unemployment benefits.

Read more
Answered on 3/17/02, 11:23 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Michigan