Can I audio/video my employer/co-worker harrassing me?
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Can I audio/video my employer/co-worker harrassing me?
I have a problem with a co-worker who is constantly blowing up on me over petty issues like the clothes I wear, the way I speak and the length of my hair. I am a season clerical assistant, a veteran with PTSD and almost 60 years old. This girl is 19 years of age. She is very spoiled, controlling and horribly unprofessional. She literally
Asked on September 25, 2016 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You may video her in public areas, with the obvious exceptions (no locker, changing, rest, etc. room; also not in her private office, if she has a private office). However, it may be dangerous to record the conversation:
First, if there is *any* other person speaking or whose voice is capture other than the two of you, recording them without their consent is definitely illegal in your state--it is a crime and a violation of the wiretapping, etc. statutes.
Second, even if you only record yourself and her, the issue as to whether you can record her speaking with you without her consent is not 100% settled in your state--it is not clear at this time whether you can do this legaly, and it is possible that audio recording just her is illegal.
But another factor: if you are being accused of sexually harassing a 19-year-old woman, recording or videotaping her, or being seen using a spy pen on her, could be taken as evidence that you are watching, stalking, harassing, etc. her. This could actually play into the accusations. Videoing a woman with out her consent would easily be seen as sexaul harassment.
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