Question about a labor / employment issue a friend is having...

[Flaxbee]

I can't really go into details, but this guy and his spouse have been called in to talk to HR tomorrow, and for various reasons I can't go in to, the guy thinks the company (they BOTH work for the same place) might be angling to fire his wife / set her up for being fired.

I'm assuming that as long as he tells the company he's going to tape record the meeting, and gets their consent on tape, he could use it as reference (or a lawyer can use it ...)

This is in South Carolina, if it makes any difference to legal issues, if anyone has any insight.

He's going to go to a lawyer for a consultation soon, but tomorrow is a meeting he wants to be prepared for....

Any help appreciated. Thanks! :hi:

[taterguy]

1. Most of the advice you get in this thread will be wrong

Including this post

[Flaxbee]

2. yeah, bummer about that

but sometimes a practicing lawyer pops his/her head in here and offers some good advice.

[taterguy]

3. I guess I could at least give you a gratuitous kick

Even though any advice you get here will be worth what you pay for it

[Flaxbee]

4. eh, I'll just let the thread die ---

thanks for kicking it, though.

He'll just have to go see a lawyer... and even if the tape recorded conversation isn't allowed to be used as evidence if there's a trial, at least he'll have an accurate record of the meeting.

[billyskank]

9. Except this

Ask a lawyer. Really, it's the only way to be sure. And I don't mean a DUer who's a lawyer; if they're really a lawyer they won't give you legal advice in the Lounge anyway. I mean hire a lawyer. Except it's not you with the problem, either. They should ask a lawyer.

[China_cat]

5. This might be a better place to ask.

http://www.laborlawtalk.com/forumdisplay.php?f=89

[Flaxbee]

6. hey, thank you!

looks very helpful; I'll recommend it to my friend. :thumbsup:

[Orsino]

7. The law covering recording may be very different....

...from that which governs any use of the recording. The couple should first verify that it is legal to make a recording of which not all parties are aware (Georgia explicitly permits this, last I heard). It may not be legal for them to go posting it on the Internet, or even to make any other use of it, but if the conversation is juicy, simply mentioning the existence of the recording in official proceedings could get it subpoenaed as evidence.

[Shakespeare]

8. Do they have any idea WHY they're being called in?

Or is it a total mystery to them?

[Flaxbee]

10. yes

but it seems rather flimsy and weird.

[Trailrider1951]

11. Always remember that the HR Department of any company

is there to look after the company's interests, NOT the employee's interests. Many people look upon the HR representative as a go-between for management and employee. That is not true. The HR representative is there to see that the company comes out smelling like a rose, and the employee gets whatever little the company can get away with. BE CAREFUL! If you have a lawyer, that's a good thing!

[eyesroll]

12. You've asked an evidence question, not an employment question.

If he gets consent to tape the meeting, then he hasn't broken any laws.

Whether the tape can be admitted as evidence depends on what it's being used for, and in what setting. Some administrative hearings have different evidence rules than federal or state court. Hearsay rules are complicated.

South Carolina is an employment-at-will state, though, which means absent a contract your friend could be fired for any reason, or no reason, so long as it's not pretext for unlawful discrimination (age over 40, race, sex, religion, disability, pregnancy--marital status does not seem to be protected in S.C., and even if it was, all that means is your friend couldn't be fired for being married as opposed to being single; she could still be fired for being married to a specific person).

I'm glad he's talking to a lawyer--my advice (as a not-yet-lawyer) is for him to document everything; even if he can't use the tape in court, he can still use it for his own notes, and if he can't make the recording, he should take detailed notes. Names, job titles. If she's had performance issues in the past, document those; if they've been B.S., document that as well. Don't agree to anything at the meeting; don't sign anything at the meeting (just tell the boss that the lawyer needs to look it over first); don't say anything out of anger or emotion.

Good luck.

[Flaxbee]

13. yeah, I know -- just wasn't sure if there

were any particularities about employment law, in SC as a right-to-work state, that would affect introduction of evidence... so, who knows? The couple will see a lawyer in the coming week or so. I'm a former lawyer, and know better than to wade into an area I didn't touch once while practicing...