Is it blackmail if I got fired and the district manager told me that if I go to corporate or file for unemployment then he’s going to have me prosecuted using video footage of me obtaining weed at work?

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Is it blackmail if I got fired and the district manager told me that if I go to corporate or file for unemployment then he’s going to have me prosecuted using video footage of me obtaining weed at work?

Is that considered blackmail? He has covered up a robbery that took place there a few months back as well as a scam that occurred about 2 months or so ago and the manager sent $1,000 to the scammer.

Asked on July 22, 2019 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, it is illegal, because someone is not allowed to use the threat of criminal prosecution to force someone to do something: either they press charges, if they think they have grounds, or they don't, but it's not a bargaining tactic. But the issue is, even though he could possibly face prosecution for this, that doesn't change the fact that if there is video of you gettng drugs at work, you could face drug charges--his wrongdoing does not negate your own criminal act. So you need to consider if you wish to push this point.


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