Wrongful suspension??

caliotter3 · Oct 13, 2016

I would advise you to seek legal counsel.

Sour Lemon · Oct 13, 2016

Hi all,
In a meeting with the ED at my ALF today I was told that I was being suspended pending investigation of my actions due to having a voice recorder at work.
I've carried the recorder with me for several years, starting when I was in nursing school, and never thought about it being a violation of policy to bring it to work.
I had several personal files of me and my toddler acting silly and 2 recorded phone calls between myself and my ED on the device.
She reviewed and deleted the files, all of them, without my consent. She then told me that I had committed a serious offense by possessing the recorder and by using it to record our conversation over the phone without her permission.
I know in Ohio, according to the wiretapping laws, that I have the right to record any phone conversation that I am a party to without the permission of the other party. I'm not concerned about that part. What I want to know is, can they enforce suspension and possibly terminate me for having a recording device on company property? It was my understanding that the NLRB says companies cannot enforce such a prohibition.
Thank you in advance for any information.

This is more of a legal question than a nursing one ...and such an unusual problem that I doubt there are many (or any) people around here who have experienced it.

What brought the recording device to her attention? Lots of smart phones have the ability to record and play back audio, but I can't think of one time when I've ever observed them being used in that manner at work.

psu_213, BSN, RN · Oct 13, 2016

I agree this is a legal question. I would think your place of employment could forbid employees from using recording devices at work, but I honestly don't know that one way or the other.

FWIW, while it may be legal in your state, I think it is really bad form to record a conversation with you boss (I'm guessing that your 'ED' is some sort of supervisor?) without at least informing that person.

Mrsd1983 · Oct 13, 2016

Well, unfortunately, if you knew my Executive Director you would understand. If you don't have a recording of the conversation or you don't have it it in writing, it was never said. She colors things however the person in the room with her wants them, and then denies it to your face when someone else enters the conversation. With me, more than one time. With every other staff member. This is her M.O. So thank you for the advice but no, it was not bad form to record the conversation.

caliotter3 · Oct 13, 2016

If you objected to her MO, you should have left long ago. It is no pleasure to be paying that much attention to attempts to memorialize another's utterances. If they do not terminate you, I would leave, no matter what you find out from an attorney. The place is no longer safe for you. JMO

quiltynurse56, LPN, LVN · Oct 13, 2016

I can't say if it was a wrongful suspension or not, but I can suggest you start looking for another job. This doesn't sound like a place where I would want to work.

magslu · Oct 15, 2016

If you objected to her MO, you should have left long ago. It is no pleasure to be paying that much attention to attempts to memorialize another's utterances. If they do not terminate you, I would leave, no matter what you find out from an attorney. The place is no longer safe for you. JMO

I agree with this, it is no longer safe for you there. If you stay, they will continue to find things to pick on until you are fired.

Did they give you a policy handbook of some sort ? an attorney is going to ask you this. Not that this will help you. Your boss is already has her knickers in a knot.

I learned in my quick short time as a nurse that once management does not like you, they will continue to pick on things. This happened to me, they took small events, not even actionable and turned them into a compilation to let me go.

Emergent, RN · Oct 15, 2016

I would feel very weird if a coworker was recording our conversations. Fortunately, my state has a higher respect for privacy and recording without the other person's knowledge is illegal.

Put the shoe on the other foot. How would you like it if management put a recorder in the med room? That's a place where a lot of nurses vent and gripe about their bosses. I would feel violated by that personally.

morte, LPN, LVN · Oct 15, 2016

I would feel very weird if a coworker was recording our conversations. Fortunately, my state has a higher respect for privacy and recording without the other person's knowledge is illegal.
Put the shoe on the other foot. How would you like it if management put a recorder in the med room? That's a place where a lot of nurses vent and gripe about their bosses. I would feel violated by that personally.

putting a recorder in the med room is not a legal equivalent

Emergent, RN · Oct 15, 2016

putting a recorder in the med room is not a legal equivalent

True, but I was talking about how I'd feel. If I found out an employee of mine had been recording me, I would be furious.

Here's a helpful page regarding legalities and containing wise advise.

Can I Secretly Record a Conversation at Work? - AOL Finance

TheCommuter, BSN, RN · Oct 15, 2016

What I want to know is, can they enforce suspension and possibly terminate me for having a recording device on company property?

You are in Ohio, an an at-will employment state.

Since Ohio is an at-will employment state, your employer can terminate your employment at any time, for no reason whatsoever, or for any reason at all, as long as the reason for the termination does not violate federal law.

If your employer wants you gone, he/she could say you have been 'insubordinate.' He/she could claim you engaged in misconduct. I suggest you seek other employment because recording your manager without his/her knowledge has landed the bulls-eye on your back.