Legal Question in Business Law in Virginia

Harassment at work in voicemail

Today I received a voicemail and when I checked it I quickly realized that my boss had, unknowingly, called me while he was doing some business in NY with our Assoc. President and another board member. In the voicemail I heard them making sexual references about me and some other women and also, discussing/questioning a health condition that I have. This is not the first time that I have had an uncomfortable experience with this organization. Can I consider this harassment?


Asked on 10/28/04, 4:30 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Harassment at work in voicemail

My advice is to make a copy of the voicemail (not so easy, I know) onto audiotape. make several. Mail one of these to yourself by CERTIFIED or registered mail. DO NOT OPEN it when it arrives, but keep it to prove later on that you are not making this up later.

Then my advice to you would be to say nothing at all and wait to see if you can collect more evidence. This one item standing alone is not that strong. You say there were previous incidents, but you probably don't have any proof of it. However, such people are likely to do it again.

You might consider getting a very small tape recorder and having it in your desk where you could reach in a drawer and turn it on while appearing to reach for a pen, etc., if anything seems likely to happen again.

I think you should try to document additional, future incidents, because they are not likely to stop and I think you should have a stronger record than this before you consider a lawsuit.

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Answered on 10/29/04, 3:38 pm
Shane Jimison Jimison/Homiller, PLC

Re: Harassment at work in voicemail

Call or email me, I practice statewide. 804-217-9898, [email protected]. Save the voicemail, take a tape recorder and try to save it along with any date stamp. Have someone neutral listen to it while you are doing it as well. I do a lot of employment law and that includes sexual harassment and violations of the americans with disabilites act. Getting from being harassed to winning at trial is very technical and the average worked has no idea how to get started.

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Answered on 10/28/04, 4:52 pm


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