Author Topic: What do I do  (Read 1104 times)

Offline Gman

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Re: What do I do
« Reply #30 on: January 22, 2014, 03:05:28 AM »
I vote you go with the "Office Space" defense.  Use as many of the one liners from the film as possible in any and all discussions with the "scariest manager".

Seriously, the best thing you can do regardless of whatever route you choose, is to record, record, record.  Get yourself a tiny recording device, there are many surveillance online companies that sell them, and have it recording both your telephone and face to face conversations.  My father told me from the thousands of cases he's been involved with that most of the "winners" in your position have one thing in common, and that's both electronic and handwritten records of events.  Everything else is either "hear/say" or your word vs. somebody else.  Also, do NOT make it common knowledge that you are recording, if you aren't obligated to.

Take the advice of a previous poster, and if you're serious about this, get expert advice first, then decide what route to take without taking anything from all of us in the peanut gallery too seriously.  That said, I still recommend you protect yourself by recording as much as possible.  People will say all kinds of things, from threats to lies, and then deny it with the most solemn and straight face you can imagine later under oath.
« Last Edit: January 22, 2014, 03:10:24 AM by Gman »

Offline Slate

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Re: What do I do
« Reply #31 on: January 22, 2014, 02:51:03 PM »

   As a Mechanic safety is of utmost importance. I don't know what dangers are at your workplace or who they affect. I will never compromise on certain things.
   When a customer suggests we just patch up his fuel line or brake line we refuse. Liability belongs to the company unless you are involved in it. I don't want to appear in court with a judge asking why something was done incorrectly.
    If your company makes or packages food for others to consume and they are ignoring standards that are going to impact others I would feel it my duty to society to expose it. Many will just turn their heads and keep quiet but as the saying goes, "Evil Triumphs When Good People Do Nothing."   
I always wanted to fight an impossible battle against incredible odds.

Offline homersipes

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Re: What do I do
« Reply #32 on: January 22, 2014, 03:01:35 PM »
I agree 100%  with this ^^^^^  safety was what I reported to OSHA, but it wasn't the short term safety it was dealing with asbestos, and not following state protocol.  Maybe, since you have discussed this with other employess, you should all TALK to management about the situation.  maybe that would make a difference, but it would take everyone to stand together IMHO.

Offline DubiousKB

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Re: What do I do
« Reply #33 on: January 23, 2014, 03:11:04 PM »
Be ready to place your phone on record.

be very careful in recording conversations. I know here in my area (Saskatchewan, Canada) it is illegal to record unknowing participants. For my job, i have to do site inspections and functionality meetings where I use my smart phone to record the conversation to ensure I don't miss anything. Problem is, I MUST inform and request their permission to do so, otherwise I could be in serious trouble.

Sounds like you're stuck between moral code and subjugation. Do some research to protect yourself would be the best advice I can give. Oh and always have information in writing. Instead of verbally discussing the issue, obtain records of the discussions, e-mail is a great tool in this regard.

example:

"Further to our discussion regarding the failure to comply with standard xxx......."

Hope you make out ok and don't lose your job because of what you believe is right....

-KB
56th Fighter Group -  Jug Life

Offline RotBaron

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Re: What do I do
« Reply #34 on: January 23, 2014, 07:40:53 PM »
In the US we can record ppl whether they are aware or not, and often it can be a binding piece of evidence. Freedom of speech and freedom to insert foot in mouth.
They're casting their bait over there, see?

Offline Oldman731

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Re: What do I do
« Reply #35 on: January 23, 2014, 08:51:03 PM »
In the US we can record ppl whether they are aware or not, and often it can be a binding piece of evidence. Freedom of speech and freedom to insert foot in mouth.


Don't count on this.  It isn't true in Pennsylvania, for example.

See, e.g., http://www.attorneygeneral.gov/crime.aspx?id=199

- oldman

Offline surfinn

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Re: What do I do
« Reply #36 on: January 24, 2014, 07:40:19 AM »
There are several states where it is not legal for you to record another without them first being aware that they are being recorded.

Honestly though you have already been singled out. If a surprise OSHA inspection happens now regardless of weather you complained to them or not the company will assume it was you, and 6 months down the road will find a perfectly legitimate reason to fire you.  I would start looking for another job, and once hired if you are truly concerned for the safety of your former coworkers then make a call to OSHA.

Of course this all assumes you are in the US if not then I have no clue about how it would work out in your country.
« Last Edit: January 24, 2014, 07:43:12 AM by surfinn »

Offline RotBaron

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Re: What do I do
« Reply #37 on: January 25, 2014, 12:13:34 AM »
Surfinn, what states? Show me the State statutes where it is illegal to record someone without their knowledge when they have approached you and are voluntarily engaging you in conversation, like in Plawnranc's case, demanding he speak with them as an employee. Wiretapping is not the same thing as this. The PA law above mentions "general rule" about electronic surveillance, which this is may or may not be, it does mention recording in following paragraphs, but what is a "general rule?" A "general rule" is not necessarily a law,  In this case, the recording of communication is for the protection of the individual doing the recording.

Also, most importantly about the link above, is: 'The following article was written by the late Eric M. Noonan, Assistant Executive Deputy Attorney General.'  And it is 15 years old.

There are laws that protect employees, citizens and subjects that are not applicable to other types of parties. The mention of 41 other states in the PA AG Assistant's article link above does not state which other states they are referring to, nor their nature, simply that other states have them. The PA law MAY allow such evidence to be disregarded, but without reading the whole thing, which I have no interest in doing so atm...I would imagine employees might not lose their evidence if they are recording their employer under whistle-blower law, if there is not an exception for this then - It sucks to be someone in this position in PA.

However, Plawnrac is in WI iirc and hasn't answered anybody since starting this thread, a wise choice btw. But without further knowledge, we really have only a very vague idea of what he's talking about.
« Last Edit: January 25, 2014, 12:42:37 AM by RotBaron »
They're casting their bait over there, see?

Offline homersipes

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Re: What do I do
« Reply #38 on: January 25, 2014, 07:25:49 AM »
http://wiretapping.uslegal.com/state-laws/
wow I did not know that recording a conversation was illegal between two people face to face.  I know thats why a lot of businesses say this phone call maybe recorded, so you have the option to hang up lol

Offline surfinn

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Re: What do I do
« Reply #39 on: January 25, 2014, 07:27:39 AM »
Florida

Offline Oldman731

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Re: What do I do
« Reply #40 on: January 25, 2014, 09:58:17 AM »
Also, most importantly about the link above, is: 'The following article was written by the late Eric M. Noonan, Assistant Executive Deputy Attorney General.'  And it is 15 years old.

And the law is even older than that.  You could follow the citation listed in the AG's summary if you'd like:

18 Pa.C.S.A. § 5703.  Interception, disclosure or use of wire, electronic or oral communications.

Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he:
(1)  intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;
(2)  intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or
(3)  intentionally uses or endeavors to use the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire, electronic or oral communication.

You may peruse the various exceptions in Section 5704.  Pennsylvania's crime code can be found in any number of places; here's one example:  http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/18.HTM

- oldman

Offline zack1234

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Re: What do I do
« Reply #41 on: January 25, 2014, 10:18:01 AM »
If you need your job keep your mouth shut :old:

When you have lots of money help other people :old:
There are no pies stored in this plane overnight

                          
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Pipz lived in the Wilderness near Ontario

Offline icepac

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Re: What do I do
« Reply #42 on: January 25, 2014, 10:30:32 AM »
Have the pros from dover arrived yet?

Offline zack1234

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Re: What do I do
« Reply #43 on: January 25, 2014, 10:50:10 AM »
Yes
There are no pies stored in this plane overnight

                          
The GFC
Pipz lived in the Wilderness near Ontario

Offline Delirium

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Re: What do I do
« Reply #44 on: January 25, 2014, 12:51:06 PM »
health and safety protocols and food safety protocols are being ignored.

If you call the Dept. of Public Health on a business, you better make damn sure it is anonymously or in the guise of a customer who saw something. If it is linked backed to you, getting another job in the food service industry could be very difficult.

People that work food service in my area have told me that that getting another job would be close to impossible as restaurant managers often collaborate. Yes, it is illegal but reality doesn't always follow the law.
Delirium
80th "Headhunters"
Retired AH Trainer (but still teach the P38 selectively)

I found an air leak in my inflatable sheep and plugged the hole! Honest!