If someone at work has a recording of a former employee stating that co-workers have been defaming me, how can I get that recording?

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If someone at work has a recording of a former employee stating that co-workers have been defaming me, how can I get that recording?

I have put an in a inquiry to the EEOC, one of my co-workers who is willing to help me went to a former employee and recorded a statement from her describing the violations in detail. My co-worker now doesn’t want to give me the recording.

Asked on July 7, 2019 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The EEOC does not get involved in defamation cases unless there is also employment discrimination (e.g. racial, sex, national origin, age 40 or over, religion, or disability): the EEOC's mandate is to fight employment discrimination.
The only way to get the recording would be to file a lawsuit, such as a defamation lawsuit--either against the specific persons whom you believe are defaming you, or you can file a lawsuit against "John Doe" or "Jane Doe," using fictitious names until you know the actual persons' names--and then, in the lawsuit, issue your coworker a subpoena for the recording. Only a subpoena can compel them to release the recording to you, and you can only issue subpoenas in a lawsuit.


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