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I believe I need legal advice on how best to protect myself from an asshole at work. I need to know the answers to these questions:
(1a) Can I legally record my own conversations, audio only, at my place of work?
(1b) Is my particular place of work considered private and thus recordings would not be permitted?
(2) Should I record these on my private phone or work phone? (somewhat related to 1b since information recorded would typically include info considered confidential by the company)
(3) What is legally the best way to respond if this coworker yells at or berates me again?

Should I get a free consulation with a particular kind of lawyer? Is there someone better to talk with?

For some background: this guy is a ticking time bomb. He has had numerous incidents of yelling at and being aggressive with coworkers, in addition to sexual harassment claims filed against him by others, but the union always protects him in the end from being fired. His mood flips on a dime and I'm scared of him. If I can eventually get him fired, great, but this may just end up as evidence for employer's comp if I feel I have to find a new job, if I'm eventually physically injured by him, or if I end up having to file a lawsuit against the company themselves.

I have never consulted with a lawyer before, so I'm primarily looking for WHERE to get advice on how best to proceed in the meantime without accidentally digging *myself* into a legal hole. I want to start recording audio on my phone anytime I am in the work area where I have to interact with him to have evidence of his next inevitable blow-up, but I can't figure out on my own whether one-party consent applies to my particular work environment. I am close with the manager for the location and he has expressed his hands are essentially tied when it comes to this guy, so I think talking to HR will only harm me in the end by triggering this guy permanently against me to make my life hell.

Thank you
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>>31694425
>I believe I need legal advice
The best you could hope to get from here is legal information, not advice.
>>
It's good that you're thinking this out in advance. A lot of people don't getting their asses in trouble along the way. Not sure 4chan is the greatest place to go LOOKING, but hey. I'm gonna buck the trend and actually give you some sound legal advice with the caveat i'm not a lawyer. But I do represent myself in civil litigation & typically win. So there's that much. Law is just a...Hobby?
Onwards to your questions.
1a) It varies state by state. In two party consent states you must have everyone who's being recorded's permission. In single party consent states only one party involved in the conversation needs to consent. That one party can be YOU.
1b) The courts usually default to 'reasonable expectation of privacy'. If your place of work is open to the public, there is no expectation. Same for any 'public' area. Restrooms are always a no-no for this reason too.
2) Your work phone brings your employers previous consent into the mix. However your work may prohibit using a private phone in any capacity. Check your employee guidelines. You could win the suit but lose the job.
3) There's always gonna be some asshole pulling something. Trying to involve the courts or company in it isn't likely to get you anywhere productive. If it's a case of nepotism you'll get fucked regardless. The main thing is not to be a passive victim. The harder you make it for them to pull bullshit, the less desirable you become as a target. If every time they try to yell at you you tell them "If you're unhappy with my performance, let's both go discuss it with the manager right now. See what he/she thinks". Then do not wait. Immediately start walking towards the bosses office. Leaving anything you both were in the middle of doing half done.
ALTERNATIVELY: You could make the delicacy of his situation obvious. Main thing is you gotta fake serenity. Like he's got nothin that don't slide off ya like water off a ducks ass. Ask how many writeups he's got left before he's shown the door, maybe.
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>>31695391
>The best you could hope to get from here is legal information, not advice.
yes that's basically what I'm asking for. Info on who to ask for advice. I believe I need legal advice from an attorney, but maybe anon can point me in a better direction.
>>31695535
thank you, i appreciate the thought and effort.
>>
You're welcome. I used to do PI work. Among many other things i've been & done over my fifty some odd years. That's how I was familiarized with the legality on single & two party consent. So i'm not just blowing smoke up your ass.



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