Nichole Brock of Exeter, New Hampshire was arrested Monday on a misdemeanor count of wiretapping when she made a secret audio recording of her boss without the boss’ knowledge. New Hampshire is one of eleven states that require two-party consent.
Trying to gather evidence to prove labor exploitation can be extremely difficult. Many of the exploited workers who contact me about receiving unpaid or stolen wages/back taxes, and taking action for other abuses often ask me, “Can I record the owner or something?”
You’ll have to check your state law. Some states permit follow the federal Wiretap Act, recording conversations so long as one party consents to the recording (that person can be you, and you don’t have to disclose the recording-in-progress to the other parties). Other states require both parties to consent, which means the other party has to a.) be informed of the recording, and b.) agree to it.
Audio recordings obtained illegally aren’t permitted to be used as evidence.
The disappointing part of this entire situation for Ms. Brock is that (if her experience is anything like the hundreds upon hundreds I hear about every year) she likely had a valid claim, and that recording likely contained proof of it, but that recording is useless now.
If you believe you’re being victimized by an exploitative salon owner, keep records. Emails, text messages, Facebook messages, and other written correspondence, when properly authenticated, can be used in court. Make sure you’re getting everything in writing and storing it somewhere safe. Know your rights, and don’t violate those of others.
LOVE THE BLOG!
My employer tells me that I cant color my hair at home. He says it has to be done in the salon using salon products. I have really blonde hair and color my roots often- love to hear your thoughts!
My thoughts are that you’re a free citizen and what you do in your spare time and how you groom yourself are absolutely none of his business. That said, in all states, employment is at-will, which means he can fire you for no reason, so if he gets petty about this, he could fire you and because the reasoning wouldn’t violate any discrimination laws, he’d be within his legal rights and you’d have no recourse. Personally, I find this level of control completely unacceptable. Employers have the right to control us at work, when they’re paying for the privilege. I’d be willing to die on that hill rather than let an employer try to dictate how and where I am to have my hair done.