Everyone always says if someone harasses you at work, make sure you document it, but what does that mean? Just write it down? Record the harasser with my phone? Do I get witnesses to write stuff? I have no idea how to go about this.
To read my answer, click here: How Do You Document Harassment Without Getting Yourself in Hot Water?
Put your own answer in the comments!
3 thoughts on “How Do You Document Harassment Without Getting Yourself in Hot Water?”
Much harassment occurs when there are no witnesses. Therefore, in addition to keeping the log recommended by the article, I would also recommend that you tell someone about the conduct, as soon as possible after the event, preferably someone not so close to you that they would automatically be assumed to be biased in your favor. If you’re not quite ready to go to HR, or the offender’s boss, a trusted coworker or union official might be appropriate.
Not only is California a two party state, it’s the only state (last I checked, it may have changed, but there are other states where it’s a misdemeanor) where recording someone without their consent can be prosecuted as a felony. That’s when there’s no expectation of privacy. Which is to say, it can get *very* complicated, and I would never do so without being advised to by an attorney, or by the police (who would need to have a warrant).
Well, you are always in the hot water unless you take a lawyer and not everybody has the means or is ready to do that. Harassers are usually experienced and can cover their tracks well. If you are working in a smaller company, if you go to HR you have to be prepared with the possibility to lose your job or quit.. Harassment is so hard to prove especially when there are no witnesses or written forms and in some countries, you are not always allowed to record anyone without their permission
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