Can I audio/video my employer/co-worker harrassing me?

UPDATED: Sep 25, 2016

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Can I audio/video my employer/co-worker harrassing me?

I have a problem with a co-worker who is constantly blowing up on me over petty issues like the clothes I wear, the way I speak and the length of my hair. I am a season clerical assistant, a veteran with PTSD and almost 60 years old. This girl is 19 years of age. She is very spoiled, controlling and horribly unprofessional. She literally

Asked on September 25, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may video her in public areas, with the obvious exceptions (no locker, changing, rest, etc. room; also not in her private office, if she has a private office). However, it may be dangerous to record the conversation:
First, if there is *any* other person speaking or whose voice is capture other than the two of you, recording them without their consent is definitely illegal in your state--it is a crime and a violation of the wiretapping, etc. statutes.
Second, even if you only record yourself and her, the issue as to whether you can record her speaking with you without her consent is not 100% settled in your state--it is not clear at this time whether you can do this legaly, and it is possible that audio recording just her is illegal.
But another factor: if you are being accused of sexually harassing a 19-year-old woman, recording or videotaping her, or being seen using a spy pen on her, could be taken as evidence that you are watching, stalking, harassing, etc. her. This could actually play into the accusations.  Videoing a woman with out her consent would easily be seen as sexaul harassment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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