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I had a meeting with the principal at the school where I…

I had a meeting...

I had a meeting with the principal at the school where I worked and I recorded the conversation what can the principal do. I live in Louisianan

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Louisiana

Lawyer's Assistant: Has anything been filed or reported?

No I have to meet again with the principal tomorrow and she was not aware of the recording

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not right now Ive already joined and paid the 5$

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Answered in 1 minute by:
3/8/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,368
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Louisiana’s Electronic Surveillance Act bars the recording, interception, use or disclosure of any oral or telephonic communication by means of any mechanical or electronic device without the consent of at least one party to the conversation.

So, you have not broken any law. That is not to say that your employer may not have a rule against recording conversations in the course of the employment, and if you violate that rule the employer could, presumably, terminate you or otherwise subject you to discipline.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 1 month ago
In this conversation she threatened my job because I'm having health issues that I can not restrain children in the special need classroom that I am currently working in what can I do about this
Customer reply replied 1 month ago
Also is Louisiana a one party state that allows someone to record conversations with out the knowledge of the other party?

Yes, as I said, Louisiana is a one person consent state. So, you are not violating the law by recording a conversation you are a party to, without the consent or knowledge of the other party.

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Customer reply replied 1 month ago
I have a meeting with the principal in the morning at my school and I have a doctors note that prevents me from restraining any children in the classroom that I work in. Can she fire me? If she does do I have a case with ADA?

You can request a reasonable accommodation if you have a disability. If the principal refuses to grant the accommodation then you may be able to file a complaint under ADA.

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Customer reply replied 1 month ago
what kind of accomodation should I ask for?

I do not really know enough about your job or responsibilities. Presumably, you could ask for something which would allow you to continue doing your job while having the disability.

It could mean shifting you into a different role within the school.

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Customer reply replied 1 month ago
This is what I have happening to me Ive been having passing out spells when I get over exerted such as oxygen level drops and I have diabetes so the sugar drops as well. I tend to autistic children such as diapering and working with them but we have one behavioral child in the classroom that has to be physically restrained. I have been researching and I havent found anything through Legislature of Louisiana on the amount of time that I have to restrain this child. Would you happen to know a certain time? Also on the recording I have her threatening me about my job is there something I can do about this?

There would not be legislation on that.

Not all things are covered by a specific statute. In fact, very few things are.

The recording could come in handy if she were threatening you with action due to your race, religion, ethnicity, disability, gender, etc.

In that case, you would want to file a complaint with the EEOC.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Are you still online with me?

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Customer reply replied 1 month ago
The teacher and I was told that we had to restrain for 1 hour so this is false. She said if I can't do my job then we need to re think your job and then she came up out of the blue that, "We are not trying to gang up on you, Mrs. Lori." Why would she say that when nothing was asked about this? If I don't sign the write up tomorrow can she fire me

Do you have a written contract for a specified period of time, requiring cause for termination, or is your employment at-will?

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Customer reply replied 1 month ago
All I have is a para professional job duty list

Then it sounds like your employment is at will. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

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Customer reply replied 1 month ago
What does insubordination mean?

Failure to recognize authority or to comply with or obey orders.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 1 month ago
thats what she told me after the meeting if I don't sign the write up

You are not required to sign anything, but the principal can fire you if they want, for any reason, or no reason.

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Customer reply replied 1 month ago
ok so will a doctor note be a legal document for me not to restrain

If you can not perform the duties of your position then you will need to request a reasonable accommodation.

That may provide you some protection.

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I have to leave shortly.

Did you have further questions before I do? Have I answered your question? Please let me know.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,368
Experience: 30 years experience representing clients.
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Satisfied Customers: 37,368
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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