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Workplace Sexual Harassment — employer monitoring personal phone

Started by asking_for_friend_parent_legal · Nov 29, 2023 · 2,297 views · 18 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
AF
asking_for_friend_parent_legal OP

I'm dealing with a situation and need some guidance.

employer monitoring personal phone. I've been dealing with this for about 5 weeks now and the situation isn't improving.

I have worked at this company for 1 years. My position is non-exempt and I do have a written employment agreement beyond the standard offer letter.

What are my legal options here? Is it worth pursuing?

LT
LandlordTom_TX

I've seen this play out several times in my field.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

SA
seeking_advice_trader_NY

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

TL
Mod_TermsLaw Moderator

I practice in this area. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the FLSA and state wage laws. The standard is whether a reasonable person would find the conduct compensable.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

SA
seeking_advice_freelancer_2023

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

RM
RestaurantOwner_Miami

Been there. Here's what I learned.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

SA
seeking_advice_freelancer_CA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

NI
newbie_investor_CA

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

HM
help_me_employee_IL

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

PN
Photographer_NYC

I went through almost the exact same thing.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

PB
PatentAgent_Boston

I've dealt with this before.

In my case, it took about 3-6 months to resolve. The key was having everything documented.

MA
MusicProducer_ATL

Not a lawyer, but I have direct experience with this.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

DE
desperate_employee_OH

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

WR
worried_renter_2024

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

SB
SmallBizOwner_NYC

I've dealt with this before.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

EA
EstatePlanner_AZ

I've dealt with this before.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

HM
help_me_driver_GA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

DC
desperate_contractor_legal

Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.

FT
first_time_creator_OH

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

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