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I saw someone recording me at work with their phone while…

I saw someone recording me...
I saw someone recording me at work with their phone while asking me a question. This was in the lobby at work and there was a security camera pointing at us as well. 2 Other people may have saw this that were with her. Do you recommend filing a police report and taking any further action?
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Answered in 56 minutes by:
3/13/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

I do not recommend calling the police, because you are describing is not a crime. In the workplace, unless you were in the bathroom or locker room changing, there is no reasonable expectation of privacy. Furthermore, if they were asking you a question, they were party to the conversation. This isn't the recording of a phone call by clandestine means, so it isn't a violation of the wire tapping laws.

Essentially, you'd have no claim here, so there is no reason to call the police.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 5 months ago
Thanks for your reply. I also have another question in relation to this with the same person. They handed me a grocery bag when I was leaving for work and insisted 3 times for me to take it after I said no (another employee witnessed this). I finally decided to take the grocery bag and set it on my desk and stated I would use it for later. I left work and arrived home later to pull up and find the same grocery bag empty next to my garage by my house. The next morning I arrived to work and noticed the grocery bag was missing on my desk and I know that the cleaning crew aren’t allowed to touch anything on desks. I haven’t confronted them about it yet. What would you recommend doing at this point?

This is really less an employment law matter and more a criminal law/stalking matter. I would start there and then take the resulting restraining order to the employer to help justify your statement to the employer about why they should handle this matter in the workplace as well.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
Experience: Employment/Labor Law Litigation
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Customer reply replied 5 months ago
Ok. I also noticed a small roll of paper towels (only several squares without the roll) by my front door the other day (I believe were from the same person) as she handed me a brand new roll of paper towels at work right before I went on leave. Would you recommend bringing this to a police station to inspect/investigate or would it sound too strange?

If it is part of an odd pattern, then it may be worth reporting.

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Customer reply replied 4 months ago
Alright that makes sense. Also this same co-worker on multiple occurences slapped/hit me on the back very hard with multiple witnesses seeing, which I remember, but the exact days/times I don’t recall and 2 of the times were several months ago. Should this be worth reporting for HR to investigate?

Yes, the employer can certainly look into that matter as well. As I noted before, these are really less employment law matters and more criminal law matters.

Employment law is a very narrow area of law concerning situations where an employer is forced to act based on a statute. You don't have that here. Certainly, the employer may be interested in acting, particularly if you go the criminal law route to have a restraining order established, but this is no longer an employment law matter.

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Customer reply replied 4 months ago
Ok. Do you recommend filing a police report for the physical hitting as well even though it was primarily several months ago and the dates/times are unknown?

I am not a criminal law attorney. I am an employment law attorney, so I can't really answer the question. All I can tell you is that these matters are not employment law matters and your recourse, if any where, is going to be through the criminal law/personal injury arena.

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