Legal Question in Civil Litigation in Pennsylvania
Hostile Work place
I have worked in an intense upscale restaurant for two years. Throughout this time the owner of the restaurant has continually and constantly berated and ridiculed employees in a personal manner. When upset, he will attack you personally and call you a f#$!ing moron or idiot,a drug attack or whatever else comes to mind, constantly cursing in your face, etc... It has created an atmosphere where everyone is basically sick to their stomach when going to work. Obviously, I have the choice to leave at will, but is there anything relating to a hostile work environment or verbal abuse that would apply? and if so, can anything be done about it? It is hard to explain how far this guy goes, but it's really completely out of bounds. Am I allowed to surrepticiously record these comments at work? and use it to sue his ass?
thanks
2 Answers from Attorneys
Re: Hostile Work place
You and anyone else can record these comments in a written form. I'd have to do a little research to say whether it is legal to electronically record his comments.
I would be willing to represent you in this matter. While I don't believe an actual suit would be necessary (or economically efficient), there are ways to intervene. Please feel free to contact me if you would like to pursue this line.
Roger Traversa
Re: Hostile Work place
If the guy is rotten to everyone and doesn't discriminate on basis of age, gender, race, etc., it's hard to say whether the law requires employers to have a minimal standard of good manners.
But it is DEFINITELY illegal in Pennsylvania to record someone without their knowledge or consent. Pa has a very strict electronic privacy law and violations are a felony. There are some exceptions, as when the speaker doesn't have a reasonable expectation of privacy. In a busy restaurant, maybe that would apply, but it would be foolish to rely on that exception.
Your best options are to organize, or find another job.
Reminds me of many years ago, when I was in law school, I did tech work for an audio company and was setting up the disco booth in a newly built restaurant being opened by a fairly well-known family business which had a few area restaurants, upscale but not really gourmet level. THe manager running this place was notoriously ill-tempered, always charging around yelling and complaining, and of course, with the pressure of an opening coming up, all that was intensified.
There was only one time I ever heard him be polite. I'm there in the booth, hooking up the lighting controls or something, and I start hearing these whispers, "Angelo Bruno's here."
Sure enough, a couple minutes later, this entourage comes into the main room, and the manager is there, practically bowing and scraping, showing off the place. "and MISTER Bruno, here's the dance floor . . ."
So everyone answers to someone. (Angelo Bruno was a longtime mob boss in the Philly area, for those who might not recognize the name). And of course, Bruno met his in the end too.