An interesting case I handled this month involved a female employee who was working for a large company. She had a male supervisor who, in the past, had made sexually charged remarks to her and even groped her breasts once before. My client reported this to HR but declined to move forward with the claim because she feared retaliation from the supervisor moving forward. Well now, fast forward to this year. The male supervisor is continuously calling my client into his office. When she is in there, she hears a clicking sound while her back is turned to him while doing clerical work in his office. My client becomes suspicious and sets up her camera phone across the way from his desk to record what is happening in the office. It is important to note that video/audio taping another person in Florida generally is a crime as both parties need to consent to the recording. In other states, that may not be the case. One of the exceptions to this law in Florida allows video/audio recording the commission of a crime.
What the recording on her camera phone showed was horrifying. When my client would turn her back, the supervisor would stick his camera phone under her skirt and snap pictures of her private areas. In Florida, this is called video voyeurism and is a 3rd degree felony. The video of him doing this was clear as day. My client, through me, immediately reported this to Human Resources, and the Manager (caught in the act by video) was fired, and the matter was resolved via resolution with my client. The company did what they were supposed to do when reported—they took prompt remedial action. But, in this day and age of camera phones and videotaping, employees need to be aware of what is happening in the workplace. If you feel that something is improper, report it to human resources. You have rights in the workplace. For more information about improper conduct in the workplace, call us at 866-344-9243 (WAGE), or look at the different articles we have posted on www.floridaovertimelawyer.com.