Brooklyn, NY asked in Employment Law for New York

Q: Can my employer press charges against me if they have webcam recordings from me at work?

If I recorded with my webcam to help me have proof of bullying in the office? Did I do something illegal? What would the charges be?

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2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Read your employee handbook.

Bullying laws do not apply in workplaces unless you work in a school. There are no civility codes at work unless your employer has policies to prohibit such conduct. Was the "bullying" because of your age, race, national origin, gender, sexual orientation, marital status, disability, etc.... classes to which you belong as protected by Title VII of the Civil Rights Act of 1964, ADA, ADEA, FMLA, NYC Human Rights Law, NYS Human Rights Laws or other?

After you report inappropriate conduct at work human resources must investigate to determine whether the conduct is prohibited by any laws and whether it was severe or pervasive and then take action. Conducting your own investigation is similar to trying to do the work of your human resources department. And, of course, you can not discuss any ongoing investigation with anyone or that might be insubordination.

I often tell employees that there is nothing I can say to force their continued employment. There is also little an employer can do to force you to stay there. Sometimes, employees do better getting other jobs if the "fit", as many like to call it, is not right.

Bad behavior usually starts at the top. If top management is not "nice", which they do not have to be, then the chances that lower level managers will act differently is pretty slim and your immediate supervisor is often the best clue as to whether you should seek alternative employment.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: Are you wanting to record others in the office, or you're worried about having been recorded? What are the company rules re: recording others? Most companies have explicit rules prohibiting that. Also, it sounds like you may be concerned about a hostile work environment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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