Hi, I am UK citizen working in France. I was directly criticised by my manager in front of a colleague after a dinner. I have felt that he has been harassing me over the last couple of months. So in this context I recorded our further conversation, after the dinner as I was fearful of his earlier comments. On the recording he threatens to fire me on 3 separate occasions and he stated that he doesn't need any reason. I have submitted a complaint but have not mentioned the recording? Can I use it if they don't believe me as he is quite influential and can just deny it! Thanks
I have written a complaint letter to Human Resources and his manager outlining exactly what he said and requested the threatening behaviour to stop.
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I appreciate that, thanks.
Hi I kind of need this before 9am tomorrow, thanks
Ummmmm helloooo? I am sorry but I seem to have been abandoned?
Hello. In French law, you can not use the recording in a civil case. The parties must have been aware of the recording. If you use it, the recording can be used against you as a violation of privacy or insubordination. If you are fired, you may be able to use the recordings in a civil case. One the other hand, the recording can be used in a criminal case. If you file a criminal complaint against your employer, you may use the recordings.
The answer is ok, thanks.
I guess my question is there were significant mitigating factors. I only recorded it because I felt threatened, we were in a hotel bar, so not at work and I have only used it for my recollection of what was said. No one else has heard it. Can I refer to it as a reference point for me in my case at all?
A French judge will decide whether or not you will be able to use it in a civil case as a reference point. You or your lawyer will have to make the case before a judge. The opposing party will be against the admission of the recording. Both parties will make their case before a civil court judge. At the end, the civil court judge will be the one to make that decision. The French civil court judge will ask a lot of questions concerning how and why the recording was obtained. I do not have enough information about your case to guess which way a French judge will decide.
Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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