# What repercussions could I face for secretly recording discriminatory and harassing behavior from leaders?



## GoldenRiverRose (Nov 17, 2021)

For over 4 months now I have been dealing with discriminatory and harassing behavior from the leaders at my workcenter. I've reported these behaviors to multiple leaders with no change. I've contacted the Ethics Hotline and been told the situation had been "handled", even though the behavior has continued.

I have been recording these inappropriate interactions since September, and have filed an official complaint with the EEOC. I meet with the EEOC in March to look at upping the complaint to a charge. I live in a single-party consent state.

I've been trying to find another job, but the harassment and complete disregard by leaders is starting to drive me to a dark place. I'm looking at applying for unemployment under "constructive discharge" (where you were forced to quit an unsafe job).

For both the EEOC complaint and the unemployment application, I am planning on using the recordings as proof of the inappropriate conduct. My question is: if/when the existence of these recordings gets back to Target, what kinds of repercussions can I expect to face? Can they do anything if I no longer work for Target?

Thanks.


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## Black Sheep 214 (Nov 17, 2021)

GoldenRiverRose said:


> For over 4 months now I have been dealing with discriminatory and harassing behavior from the leaders at my workcenter. I've reported these behaviors to multiple leaders with no change. I've contacted the Ethics Hotline and been told the situation had been "handled", even though the behavior has continued.
> 
> I have been recording these inappropriate interactions since September, and have filed an official complaint with the EEOC. I meet with the EEOC in March to look at upping the complaint to a charge. I live in a single-party consent state.
> 
> ...


Before you do anything else, I think you should consult a lawyer to find out what type of legal protection you have. Target will obviously not be pleased when they get wind of the recordings, but what your leaders will do is anybody’s guess. What leaders are supposed to do and what they actually do can vary, sometimes greatly. If you could get another job and get out before knowledge of the recordings surface, it would be better because you wouldn’t need to use Spot as a reference after the stuff hits the fan, and you would probably avoid a lot of on the job unpleasantness. A lawyer could fill you in about the constructive discharge unemployment application and perhaps the possible chances of success getting approved. Good luck!


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## IhateOPmodel (Nov 17, 2021)

What kind of harassment?  Is it sexual or do you feel they are just being mean to you? 

Please keep us updated as to what happens this is interesting.


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## Hardlinesmaster (Nov 17, 2021)

Document all events. Do not record anything.


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## KarmaToBurn (Nov 17, 2021)

Seems to be a lot of this going on lately, the bad leadership that is.... hmmmm


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## GoldenRiverRose (Nov 17, 2021)

IhateOPmodel said:


> What kind of harassment?  Is it sexual or do you feel they are just being mean to you?
> 
> Please keep us updated as to what happens this is interesting.


There are more types of harassment than just sexual.


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## GoldenRiverRose (Nov 17, 2021)

Hardlinesmaster said:


> Document all events. Do not record anything.


Did you read the whole post? My recordings ARE the documentation, otherwise it's just a they said/ they said. I'm not getting rid of them. People need to be held accountable. I'm not asking how to avoid repercussions, just what repercussions I may face.


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## IhateOPmodel (Nov 17, 2021)

GoldenRiverRose said:


> There are more types of harassment than just sexual.


Right, why I asked do you feel they are being mean.  I think some people would justify some things as harassment and others would take it as their boss being a hard ass and the boss thinking it is the right way to get the most out of people, not that to agree but not everyone sees things the same way. 

That's why I asked what or how you were being harassed.


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## IhateOPmodel (Nov 17, 2021)

GoldenRiverRose said:


> Did you read the whole post? My recordings ARE the documentation, otherwise it's just a they said/ they said. I'm not getting rid of them. People need to be held accountable. I'm not asking how to avoid repercussions, just what repercussions I may face.


I'd say the only repercussions youd face are termination as you were recording on company time and it's against policy.  Especially if you are a one person consent state.


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## Hardlinesmaster (Nov 17, 2021)

GoldenRiverRose said:


> Did you read the whole post? My recordings ARE the documentation, otherwise it's just a they said/ they said. I'm not getting rid of them. People need to be held accountable. I'm not asking how to avoid repercussions, just what repercussions I may face.


Yes I did. My state does not allowed recording without consent of both parties. Spot is checking on your claim . Did you talk to your SD ?


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## Fluttervale (Nov 17, 2021)

It depends on whether you are a two party consent state and what the remedy is for violation of that law, if there is one.  If they can sue you they might.  If the people you recorded know their rights or are punished, they might be able to sue you.  A local employment law lawyer would be your ideal advisor.


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## Hardlinesmaster (Nov 18, 2021)

GoldenRiverRose said:


> For over 4 months now I have been dealing with discriminatory and harassing behavior from the leaders at my workcenter. I've reported these behaviors to multiple leaders with no change. I've contacted the Ethics Hotline and been told the situation had been "handled", even though the behavior has continued.
> 
> *I have been recording these inappropriate interactions since September, and have filed an official complaint with the EEOC. I meet with the EEOC in March to look at upping the complaint to a charge*. I live in a single-party consent state.
> 
> ...


Here is the timeline in the op's post.
1. They worked for spot in sept 2020 & had issues during 4th qtr with mgt.
2. Was told being handled. Spot would take notes & report it your hr & SD.
3. The op filed a complaint with EEOC in March 2021.. Covid will cause a delay.
4. Came back to work for spot in august 2021
5. Having issues again in 4th qtr.
6. Called hotline. Was told being handled. Spot will not tell you any details during an investigation.
7. Recording events is not good. Documenting events with dates, times, & what folks is better.
8.  Comes to the TBR for answers. We are at different stores & in different states.

There is several details missing from the op. They need talk to hr or their SD. They can hire an atty at their own expense to fight this. spot will put a big fight, with paperwork showing reviews, performance, attendance & policy violations. Naming a few things...


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## kosovo275 (Nov 18, 2021)

I am in the same boat as you, except I am in a 2-party consent state. There are exceptions to that requirement that SCOTUS ruled on though, one of them being somewhat along the lines of if the interaction occurs somewhere that isn’t a private setting or basically anywhere that someone else could easily be listening in on, then there is no expectation of privacy and their consent is no longer required. I reached out to my regional HRBP for clarification on any of Targets policies regarding audio recording, and after a bit of research on her end, her initial response was “it is not best practice to record an interaction with another team member (ETL in my case)”, so after a bunch of back and forth I finally got a direct answer that there is no Target policy that disallows audio recording.


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## GoldenRiverRose (Nov 18, 2021)

Hardlinesmaster said:


> Yes I did. My state does not allowed recording without consent of both parties. Spot is checking on your claim . Did you talk to your SD ?


My SD is part of the problem.


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## GoldenRiverRose (Nov 18, 2021)

IhateOPmodel said:


> Right, why I asked do you feel they are being mean.  I think some people would justify some things as harassment and others would take it as their boss being a hard ass and the boss thinking it is the right way to get the most out of people, not that to agree but not everyone sees things the same way.
> 
> That's why I asked what or how you were being harassed.


I cannot give any more information without risking the discovery of my identity. It was, and has been, both discrimination and harassment.


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## GoldenRiverRose (Nov 18, 2021)

Hardlinesmaster said:


> Here is the timeline in the op's post.
> 1. They worked for spot in sept 2020 & had issues during 4th qtr with mgt.
> 2. Was told being handled. Spot would take notes & report it your hr & SD.
> 3. The op filed a complaint with EEOC in March 2021.. Covid will cause a delay.
> ...


I'm sorry, almost none of this is accurate. Where are you getting your information? I didn't say anything near the details you're giving. This is incredibly creepy.


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## Hardlinesmaster (Nov 18, 2021)

GoldenRiverRose said:


> I'm sorry, almost none of this is accurate. Where are you getting your information? I didn't say anything near the details you're giving. This is incredibly creepy.


your posting said you met with the EEOC in March.


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## Tessa120 (Nov 18, 2021)

Hardlinesmaster said:


> Document all events. Do not record anything.


Problem with documenting is there is no proof that what you wrote down is real. Anyone can write "Johnny was very graphic about where he wanted to put his dick in me at 12:37 11/5 in the back room near the chemical wacos." Did Johnny talk about ear sex or was the other person lying and Johnny was talking about the Hello Kitty doll he got for his daughter?


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## Hardlinesmaster (Nov 18, 2021)

Tessa120 said:


> Problem with documenting is there is no proof that what you wrote down is real. Anyone can write "Johnny was very graphic about where he wanted to put his dick in me at 12:37 11/5 in the back room near the chemical wacos." Did Johnny talk about ear sex or was the other person lying and Johnny was talking about the Hello Kitty doll he got for his daughter?


its not heresay, when written down.


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## GoldenRiverRose (Nov 18, 2021)

Hardlinesmaster said:


> your posting said you met with the EEOC in March.


I said meet. Future tense. An official complaint has already been filed but they aren't available to review it until March 2022.


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## GoldenRiverRose (Nov 18, 2021)

Hardlinesmaster said:


> its not heresay, when written down.


Yeah but it's not proof either. It's just he said/ she said.


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## GoldenRiverRose (Nov 18, 2021)

It seems the general consensus is that I should consult a lawyer. Though this is already in the works, thank you. I just wanted to see if anyone had any insight, from a target policy perspective, as to what kind of repercussions I could face.


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## Hardlinesmaster (Nov 18, 2021)

GoldenRiverRose said:


> It seems the general consensus is that I should consult a lawyer. Though this is already in the works, thank you. I just wanted to see if anyone had any insight, from a target policy perspective, as to what kind of repercussions I could face.


we are not an official target site.  every store is different.


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## GoldenRiverRose (Nov 18, 2021)

Hardlinesmaster said:


> we are not an official target site.  every store is different.


This is no longer just a store issue. It is a corporate issue as well. They have been informed of the inappropriate behavior and have disregarded it. If I face repercussions beyond just termination, they will come from corporate, not an individual store.


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## Tessa120 (Nov 18, 2021)

Hardlinesmaster said:


> its not heresay, when written down.


But where's the corroborating evidence when the writer says ear sex and Johnny says Hello Kitty? Where is the proof that will show for certain what was said in the back room?


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## GoldenRiverRose (Nov 17, 2021)

For over 4 months now I have been dealing with discriminatory and harassing behavior from the leaders at my workcenter. I've reported these behaviors to multiple leaders with no change. I've contacted the Ethics Hotline and been told the situation had been "handled", even though the behavior has continued.

I have been recording these inappropriate interactions since September, and have filed an official complaint with the EEOC. I meet with the EEOC in March to look at upping the complaint to a charge. I live in a single-party consent state.

I've been trying to find another job, but the harassment and complete disregard by leaders is starting to drive me to a dark place. I'm looking at applying for unemployment under "constructive discharge" (where you were forced to quit an unsafe job).

For both the EEOC complaint and the unemployment application, I am planning on using the recordings as proof of the inappropriate conduct. My question is: if/when the existence of these recordings gets back to Target, what kinds of repercussions can I expect to face? Can they do anything if I no longer work for Target?

Thanks.


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## Fluttervale (Nov 18, 2021)

Tessa120 said:


> But where's the corroborating evidence when the writer says ear sex and Johnny says Hello Kitty? Where is the proof that will show for certain what was said in the back room?


Usually in those cases, the writer says “ear sex down aisle three” and Johnny says “nope I’ve never been in aisle 3.”  The camera proves Johnny wrong and Johnny is now painted a liar.  Or writer plus three other people complain about Johnny and eat sex.


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## Frontlanegirl (Nov 18, 2021)

Consult a lawyer


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## Tessa120 (Nov 19, 2021)

Fluttervale said:


> Usually in those cases, the writer says “ear sex down aisle three” and Johnny says “nope I’ve never been in aisle 3.”  The camera proves Johnny wrong and Johnny is now painted a liar.  Or writer plus three other people complain about Johnny and eat sex.


And when Lying Lisa is smart enough to "document comments" of encounters that match video but are lying about the verbal exchange? He said, she said.

If a one party state then audio provides the proof that documenting won't.


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## Fluttervale (Nov 19, 2021)

Tessa120 said:


> And when Lying Lisa is smart enough to "document comments" of encounters that match video but are lying about the verbal exchange? He said, she said.
> 
> If a one party state then audio provides the proof that documenting won't.


As long as Johnny doesn’t deny that they talked, it remains he said she said.  It’s when a TM lies about a situation and can be proved to have lied.  
I had a situation with a TM at a previous job that was witnessed by several other TMs, but what really nailed the TM was that she claimed the interaction never happened, and if it did she didn’t do a specific thing.  But it was all on silent video, including the specific thing that she claimed she would never do.  No one cared about the witness testimony until she lied about things that were on the video.  Once it was established that she was a liar, the witness testimony only established what level of punishment could apply.

She probably would have won if she had admitted the whole thing.  I’ve seen the same play out in many other firings.


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## Angular Momentum (Nov 19, 2021)

Tessa120 said:


> But where's the corroborating evidence when the writer says ear sex and Johnny says Hello Kitty? Where is the proof that will show for certain what was said in the back room?


Consistent documentation of interactions with dates and times and detailed accounts of what happened are pretty good evidence. 

The other party won't have that. Spot does have cameras and they have pdds and push clocks. But if the OP is documenting interactions that evidence can actually make the case stronger against spot.

If recordings are allowed in court then all the better but written accounts work just as well and in tandem with anything else.


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## dannyy315 (Nov 19, 2021)

Hardlinesmaster said:


> Yes I did. My state does not allowed recording without consent of both parties. Spot is checking on your claim . Did you talk to your SD ?


I'm sure there's exceptions for crimes and felonies. Police aren't going to say "how dare you record that person robbing a bank without their consent!"


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## Tessa120 (Nov 20, 2021)

dannyy315 said:


> I'm sure there's exceptions for crimes and felonies. Police aren't going to say "how dare you record that person robbing a bank without their consent!"


My state, there are exceptions when in public where there is no expectation of privacy.  So yeah, you can record the bank robber in action since it's in public.  However if the bank robber is your friend, calls you to tell you, recording the call is a felony even though you are trying to help catch a bank robber.  If the robber is your neighbor and is counting the cash inside his home and dusting off the note for the next robbery, recording the evidence on video is a misdemeanor.

There is no exception for helping to stop a crime.  There are exceptions for surveillance cameras installed by you/your representative in your own home and your property without intent to secretly video record someone in a private residence (meaning don't aim a camera directly at a neighbor's window).  There is an exception for being in public with no expectation of privacy.  There's a reverse exception where informing someone they are being recorded when you are committing a crime or "torturous intentions" against them means they are legally unable to give consent.


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## 60SecondsRemaining (Nov 20, 2021)

First let me say that it's not ok that this happens, and I'm sorry that this happened, and that places like Target (and the rest of corporate America) are morally corrupt shitbags who have no concerns for their employees.

Everyone is giving you good advice but what's missing here is context.

You were harassed and discriminated against, but we don't understand the level or the how interaction there.

What is your end goal?  To inflict some measure of legal punishment on them?  It's never going to happen.  Target has unlimited funds and legal resources, they will destroy you financially before they let you get the win here. Recordings or not.

In my mind your best option is to engage a lawyer, put your cards on the table, recordings and all, and see what they think your avenues are.  If the recordings coupled with the lack of action are damning enough then Target would likely offer some sort of settlement to end the matter quickly.  Fighting corporate America anywhere other than in the court of public opinion is just going to end with you exhausted and broke.

It sucks, and it's unfair, but unless you're some sort of secret millionaire that's just just reality of it.  And please do not take this as me being insensitive to your situation, I saw shit like this a lot during my retail tenure and like I said before it's definitely not ok.


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