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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 55421
Experience:  Licensed attorney helping employers and employees.
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What options are available given the unusual circumstances

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What options are available given the unusual circumstances regarding the work environment? If she speaks out with nothing to prove her assertions how can she get him to stop?

Infolawyer :

Hello,

Infolawyer :

There are a few options

Infolawyer :

1. wait to speak up until gather additional evidence including witnesses, recordings

Infolawyer :

2. submit the complaint and demand an investigation

Infolawyer :

3. involve a lawyer in filing the complaint to add more leverage which can lead to a more thorough investigation

Infolawyer :

Is that clear and helpful, or may I clarify anything else?

Infolawyer :

awaiting your reply

Customer:

To my knowledge you can't use recordings in Michigan without consent of both parties. Comments are always made in private. No way to accumulate proof other than written files documenting each time it happens but no way to prove it happened. If she files a complaint without proof she will be ostracized at work because 2/3rds of employees have their jobs because of the President.

Infolawyer :

Thank you for those added details. In this situation, what often helps are detailed records being presented which include contemporaneous records if possible detailing who said what when with specific quotes. The more specific it is, the more likely it is to be investigated and companies are more hestitant to not review and take action for fear of being held liable under principal-agency theory.

Infolawyer :

Kindly let me know if the answer is acceptable or if I may clarify anything else. thank you

Infolawyer :

The Michigan wiretapping statute requires that all parties to the communication must agree to the monitoring for communication interceptions to be legal. See, e.g.,MCL § 750.539c.

Infolawyer :

are you there and can I clarify anything else?

Customer:

Understood. So basically, she's stuck unless she is willing to stick her neck out first with no guarantee that it will stop.

Infolawyer :

In my practice and experience, I have found that such complaints are taken more and more seriously without retaliation, but you are correct that there is risk

Customer:

all set thanks.

Infolawyer :

very welcome

Infolawyer :

Kindly click on an excellent rating for the answer.

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