Yes. I have a Samsung galaxy tab S7+ and I will be taking hand-written digital notes and emailing them to myself with a fresh email account on my personal tablet.
Yes but I only use my phone plus a text message should be more credible than an email. Do you think it is worth the effort when you’ve been wrongfully terminated,racially discriminated,targeted at work and working in a hostile environment to go to court?
Whats terrible is you don’t think to make notes of things when they first start . Especially when you’re just trying to work and go home not cause problems
Always remember the HR Department is never on your side. They are there to protect the Company, not you. Even though they write a policy manual about violating civil labor laws and to report to them immediatally. This is why you take notes with dates.
Is is appropriate or encouraged to take private notes or private recordings separate and away from work or "fellow employees?" That is, once an employee clocks out and leaves the office property, or once an employee arrives at their home.
I ask because I have met people who record video, not necessarily workplace related, while they are in transit or while they are parked in a parking lot.
@@jonburger6158 at my workplace HR is against you. They had video evidence and still tried to lie and deny what was in plain sight. Now the company is hemorrhaging staff left and right and on the verge of collapse.
OMG! I've always wondered exactly how you were supposed to take notes so that they'd mean anything. Everyone is like 'start documenting' but never say how and why. I appreciate this greatly. Thank you
I have two narcissists in my life who try to use documenting me that I display bad behavior . When I educated myself I realized that all they were doing was trying to manipulate and control me so they could get their supply. There are co workers out there that will use this type of action against their target.
With repeated incidents of harassment, noting everything that was said, even just the important things in short hand, can quickly cause your notes to become a book that NO ONE wants to read
Just want to say, I just binged a few of your videos and I'm sure you are a great lawyer, but you must be a teacher as well. Your presentation and videos are really well written, comprehensive and engaging.
You are a lawyer who truly cares about people. Your advice is wonderful for people to protect their jobs. Many lawyers out there would only care after they see a viable case.
Wished I had found your channel earlier as I am sure as many here. Never had any interactions with the HR department of any company other than hiring or benefit questions until recently. Had I known the sacrifice I made signing a severance document, I certainly would have done things differently. Excellent breakdown of the processes of an HR department. Very insightful.
I have the notes, documents, and text messages. Pervasive abuse over the last seven years and informed my leader of the abuse. HR also has gone. I quit abruptly today. Contacted an attorney and they wanted to hear nothing of it. I find it hard to find anyone who wants to take an employment case.
I'm a salaried employee with a generous bonus structure. I work exactly 47.5 hours a week and only work over if I want to. I usually do so when I want to get work done without the constant distraction of managing people. It keeps my stress levels down, and keeps me from being short/mean/rude with employees. I like to watch these videos to help inform myself of what not to do. I have a degree in business management, but there's always something new to learn or reinforce. I feel that if you're watching this for your own emploment situation as a guide of what to do, it already too late. Your place of employment has proven to be toxic in some way and you might want to be working on making a transition to somewhere else.
So grateful I stumbled on to your You Tube Page! Prior to watching your recommendations, I did everything wrong in all of my documenting harassment and bullying at work. Lesson learned. 😒
Sending notes to a lawyer at the start of problems is a good idea. Your lawyer may help you avoid a complicated situation or help you navigate through it with proper context. If you're at a stage where you're panicking, it will be hard for the lawyer to get up to speed and help you.
Thanks for these videos! The law can be intimidating sometimes so this is beyond helpful for those of us who wouldn’t even know where else to find this information
HR covers their tracks so well it's almost impossible to achieve this, it doesn't help if you are ADHD and they keep you so busy you can't remember how it went down when you get the chance to write it all down. I decided to start leaving reviews on the Google pages and hope that nobody else has to go through what I did! HR took the side of the aggressor!
Even if notes aren’t admissible, they help to keep events and timelines clear. I’m terrible remembering dates but if you have notes you can be very clear about what happened and when
Totally! I tend to blank out on this kind of thing when I get upset. Documenting dates and times as well as possible, as well as taking screenshots of important text messages clock in times, etc. has been incredibly helpful for me.
Thank you so much Branigan! Your videos have been an amazingly useful resource, and they have helped me a lot. I think your thorough, no-nonsense approach is just right.
This is what I learned. If you initially send an email to your superior and they verbally communicate an answer because they like to switch things down the road and want nothing in writing then is best to send them a follow up about the conversation for your records.
Hats off to you for making these videos. Upvoted. This is helpful for not only people who live in California or people in the U.S. but those who work in G7 countries or for American companies abroad. Sure the laws are different but the basics of how to deal with HR and what to expect, what not to do are essentially the same. I always wondered about these things and don’t have anyone to share it with (especially colleagues lol ) as these things are kind of private. Maybe just with a partner but a partner isn’t alway a great person to converse ideas with and he could be way off. So I’m glad I found a channel that can talk about these things. Thanks.
Ooo. I thought of a lot of this but not the separate email. It didn't dawn on me that if you use personal, it's susceptible to Discovery. Great point, Counselor!
Best advice I have received from an employment attorney is to take daily notes, dated an initialed. Whether it says “answered calls” or has an extensive report. It creates a paper trail that your employer most likely does not have, and will have to defend against.
This is important information to know in case you do go to an Attorney. You need to prove this when going to court. If you you have plenty of proof, you might not even need to go to court. No business wants to ruin their reputation or image.
EXACTLY! now with that in mind NEVER EVER SETTLE OUT OF COURT WITH A NON DISCLOSURE AGREEMENT!!!!!!!!! when you settle with a NON DISCLOSURE AGREEMENT, you are preventing, past, present and future employees from knowing the HORRIBLE AND ILLEGAL things the company is doing to its employees!!!! YOU SUED BECAUSE THEY DID SOMETHING ILLEGAL!! if officer joe blow, violates your rights by beating you up for asking a question, and you settle WITH A NON DISCLOSURE AGREEMENT, it will NOT be public knowledge , so when he does it to someone else there is NO RECORD BECAUSE THE COURT CASE WAS DROPPED, IT WAS NEVER TAKEN TO COURT!! THE SAME THING HAPPENS WHEN SUEING YOUR BOSS!!!
Im already retire, i have suffer a great deal as factory worker, used to go home frustrating sad and sometimes crying because i didn't want to lose my job, and waking up at 5'00 am to go where i didn't want to go was torture, my nerves are better now, I had to retire at 62 because i hated the work force😢
Good info. Some items I knew, others I didn’t. These videos are helpful because they give a sense of the mindset needed when dealing with a difficult work situation.
I am in a wheelchair due to ms. I am also 65. I was working at my job full time, but decided i wanted to go part time, and open my own small retail store. When i did this, i started getting treated differently. Five of the women that run the company are all relatives, which makes it extremely hard to tell a supervisor about bad behavior, because the person is related to her! I also was not given any guidance on how to do my job. When i would ask the person who does the same job i do, she pretty much dissmissed me.
One way to look at it is that it gives the company an edge. The person with the bad behavior becomes a puppet. Not exactly getting over, just initially appears that way.
Great Video Mr. Robertson. I would like for you to create a video that explains the concepts of contemporaneous declaration, recorded recollection, a spontaneous declaration, a present sense impression, and a regularly conducted activity. If I can get these concepts understood, it helps in taking appreciation and effort into the notes that we have to record for our employment cases.
Evidence was one of the hardest classes in law school. That might be because I had a tough teacher, but the concepts themselves are difficult. Really smart people can tie themselves in knots trying to figure them out. I think a video about this would be way too technical for my audience on RU-vid. But I appreciate the request. I think the average employee should not be worrying about the rules of evidence, as they only really become relevant for the lawyers when the case goes to trial. But if you really want to learn about them, there is probably someone who has taken the time to make a video about them on RU-vid. Thanks for the good question!
The HR polices that organisation create are primarily designed to keep them out of trouble. That does not mean that they always expect their managers to comply with policy. Its just for show.
I worked in a very famous company,experienced every possible means in the words nasty known to every worker,went to HR .And what do I get almost get fired after I was hit by an employee by complaining.I can't do anything so I left the company.But the Manager wants me back .When I saw your video your so refreshing to learn from this video. I don't know what should I do?
The 5 W's ALWAYS work. I learned this when I was in the military. When you can prove your case, you won't have to stand on the rug. I have numerous matters "pending". That was 25 yrs. ago, I wonder if they forgot about them? 🤣
Loved your advice and suggestions however regarding notes taking, on my personal experience start taking them after addressing possible issues to HR in fact alerts more HR, and might put a target on your back, so I would go against that advice and only reach out to HR just if you find the only option is to log a complaint but not before.
First off, I live in a state where it is legal to record a conversation without another person's knowledge as long as you are also a part of the conversation being recorded. When a new employee started talking about their direct experience with a trainer who exhibited unlawful behavior, I began recording. I took that recording to management, who told me the trainer in question had just received a promotion. I told them that was a mistake. They told me it wasn't their decision. Nothing was done with the recorded information. In this trainer's new position I learned that they were sexually harassing other employees and making them feel uncomfortable. Nobody would report on this person. They had to step down from the promotion (which felt good after telling management they made a mistake promoting this person), but they still work at my company. I've moved to a different department and am no longer personally affected by this person's misbehavior, but I know their department is still suffering because of it.
Good videos, and you are a smart business man, potential clients will have a much better prepared case with their education and because of this you will take their case!
Hi Mr Robertson, Your contents are helpful. Please respond few Dilemma Questions : 1. In company, if I was feeling unsafe in SubDept due to many threats of Fake cases by manager , if I don't surrender my niche skills FREELY to Juniors particularly girls only reporting to him working under me, chosen by him based on his personal criteria for their *Replicate-Replace-Throw* business agenda & Credit Thefts in Ad-hoc meetings. I reported many times to higher mangers, HRs, still if they didn't transferred internally. I felt Fixed to be screwed, as he started fabricating his Fake-Case based on operational disagreements with Junior girls... Should I take emails it as proofs to safeguard myself against worst, ignoring one data privacy rule ?! 2. During entire tenure, despite of showing N proofs Bully/partiality/ignoring/unavailability/favouritism/, HR never acknowledged to act against manager...Now, when I already resigned, during common meeting HR speaking all in front of Top HR & Top Business Head...Should I act diplomatic cool 'all good' Dumb-smart like him before,... or Acknowledged him Totally against Wrong ??
In Texas, recording is legal. I’m thinking I should do it so I have the who, what, where, when, and witness info handy. It may even be admissible evidence.
2:00 3:25 CA 3:50 2 things 4:33 Authenticity 5:02 Hearsay 6:47 7:10 **When should u be taking notes? 8:48 Every word or thing u say, might end up in a jury with ppl 9:20 Signif 9:40 Who, What, Where, When, Witnesses 10:00 Who 10:10 What 10:20 Write down everything that happened in that meeting11:00 11:40 Witnesses 12:20 Understand Legal Basics 13:00 Legal & Unlawful 14:20 Less may be more, dont threaten 15:20 Notes used in court/to remember 16:30 dont film without their knowledge 16:50 dont store anything regarding about workplace harassment 17:15 Set up free email accnt 17:40 they find anything to twist what u did wrong 18:25 19:00 fancy legal terms 20:50 Send notes to HR? 21:45 Why HR? 22:45
No, essentially the most common “bad behavior” is excused an not unlawful (microaggression, a manager that yells at everyone that he/ she doesn’t particularly like, manipulating bonus). What I want to know is if it allowed to sign up for personal use hotel and flight travel rewards programs using companies' business travels an itineraries.
What do you think about a discrimination suit against an employer forcing only unvaccinated employees to wear a mask? Even if they have a religious exemption
If you don't want to get vaccinated then wear a mask much cheaper and easier than suing a company, my company has mandatory vaccination to continue to work there.
@You'll say ahh geez when I make your lawn freeze worry about your own body, it was a legitimate question. You may not believe in religion or respect but fortunately it is constitutionally protected.
JUST FIND SOMEONE THAT FOR A $100 BILL WILL FILL OUT THE FORM AND SQUIRT THE SHIT INTO THE TRASH CAN!!! CLAIM YOU HAVE ASTHMA AND GET A DOCTOR TO AGREE THAT YOU HAVE IT. BUY A BASEBALL BAT AND CATCH THE SOB IN THE DARK, AND HIT A HOME RUN!!!
Awesome Video.....like always... My question is...with government sovereign immunity...plus unions completely sided with the employers for Convenience.... What you can do in a so hermetic system?
I would call a lawyer but most of the time they only talk to you one time then it’s hard to get a hold of someone without being made to feel like you are bothering the office
Branagan, can I tape record a job interview? I've been threatened, discriminated, screamed at, books thrown at me, accused during a job interview. Also, when a manager calls you in to reprimend you he brings in another person. What is their purpose? Can I also bring in another person as my witness?
I have recently been wrongfully terminated for whistleblowing & racially discriminated against. I worked at a water park testing water for chlorine and PH levels and if they are too high or too low I would inform my manager which then should’ve been adjusted to the right level. If it doesn’t then it is my responsibility to not continue testing & inform the GM which then will close the park down. Since my signature is needed at the end of the day. What do you think?
how can they trust your documents you wrote ? what about ppl work as labors at walmart places like that ? they dont get text messages or emails all verbal.
I disagree partly - but I'm not a lawyer, so I may be wrong. But I say document everything you see as a problem early on, including how it makes you feel, what you've done, etc, before you go to HR. Do this on a Word document, then if things escalate and you need to take further action, you have more detail for yourself; you can edit or even delete the document, and then follow Branigan's advice to the letter.
I had a bipolar person drop an f-bomb on me years ago. It was definitely a low for that year. Unfortunately, that person did whatever she wanted - which was often on the obnoxious side - because the company was terrified of the hint of any lawsuit. By the way, I hate my job
Can you please do a video on manager’s rights when being wrongly accused of discrimination? When HR department is not giving the manager timely advice and is negligent making the situation worse.
And what about spying? And there places of hiding or using family or using old friends? Or there friends.? Or online? What about that? Just curious it's weird behaviors. And what about interfering with the products I use?
My supervisor does a lot of shit that pisses everyone off but unfortunately none of it is in email or IM or other such document so it's really hard to keep track of it
A little not. I’d not say your consultations are primarily for CA employees who got fired. Instead try employees in CA who got fired. The former implies working for the state while the latter, working in the state.
Thank you for this helpful information. My attorney quit my case after they received over $1 million dollars. I have not been able to find a lawyer on contingency fee basis. The discrimination is ongoing as my current salary as a professor is $1700 per month. A few lawyers were told they would get hourly rate. My right to sue letter from DFEH was given on December 11, 2020. The CSU refused to pay my judgment. Please help. Thanks
I know you're a lawyer for employee but can you make some of these for Supervision? I ask because I am a supervisor and these are helpful for me. Just wonder if there are things Supervisors need to know. I am not an owner like the between guy.
I kept notes in a small notebook, but my supervisor took them out of my tool chest. He said he was allowed to. He got fired a few months later for stealing company property and using his company credit card. Karma.
Great video, thank you so much! What about sending to the manager and the Union rep participating on the "retaliation" call, a summary of understanding of what was communicated to me and to union rep, right after the call? Also, what about the notes sent right after that retaliation call to several private attorneys to ask them to review and take my case? They are not my attorneys yet, but my same, contemporaneous message to 3-4 attorneys to review my case and see if they accept it. Would that be "here-say"? Would those emails, and the EEO amendment to my complaint to include the same facts regarding retaliation, would that be sufficient evidence acceptable in court? And why the Agency refused to allow the union rep who is the only person witnessing/participating to the calls to be interviewed by the investigator or mentioned the Agency refusal in the Report of Investigation? Is that legal?
What about text messages to others? I sent frustrated texts to my friends and partner as things were occurring and they include time/date/people involved, even the lack of response after I complained in some cases. Is there a reason these would be totally inadmissible or is it possible that they can count as notes? Knowing that you can't give specific legal advice, so just generally your thoughts on their usefulness 😊
Most people don't want to work too many hours, bit if they don't write it down in the application they won't get hire, Questions: are you willing to work: overtime, weekends, holidays, Sundays, stay late nights?, If you write "YES " then they got you by the balls.
