How doI sue the state, if a state employee illegally recorded co-workersbut was not discharged even though that is a criminal offense?

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How doI sue the state, if a state employee illegally recorded co-workersbut was not discharged even though that is a criminal offense?

I work for the state of CA. I and a few other co-workers found a tape recorder in our office. We found out that it was our supervisor recording us because he admitted to it. Sounds like nothing is going to be done about the situation. How do I go about suing CA for allowing him to be still be a part of our department as a state employee after committing a misdemeanor? We felt that it was an invasion of our privacy.

Asked on August 19, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

So he was actually convicted under California Penal Code sections 631 and 632, which makes it a misdemeanor punishable by a fine of up to $2,500 and/or 1 year in state prison to do what he did at work?  There may be an issue here becuase you are a state employee.  But your rights under the US Constitution shoul not be curtailed becuase of it.  There may be some steps that you need to take "in house" such as a disciplinary process through channels and I think that you should start there. It may actually be required that you exhaust the interal process.  I would also speak with an attorney in your area on the matter.  Good luck to you.


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