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Can illegally obtained evidence be used in the absence of evidence

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Rubio acero

Active Member
States are New York, Pennsylvania, and Maryland I have been a victim of some illegal workplace incidents including harrasment discrimination I'm not sure what they call this but I was assaulted and threatened with termination if I filed a police report on the man who attacked me. I have had issues finding legal representation due to the lack of evidence and many times have managers and other high ranking people took advantage of this to make derogatory statements let me give you an example. At my first job I had this issue with this worker who's name I could never pronounce because of my bad memory it wasn't just him but he was the only one that thought it was racial my manager at the time brought me up stairs and told me that white men don't suffer a clearly racist statement as I'm not white but also when you fire someone and those are your words I think that's a clear cut case. Unfortunately I have no way to prove that because it was said in a room with cameras but no audio.

I have gotten thrown into these issues in several diffent jobs that I have worked at not all but quite a few. So when your placed into a situation where neither side has legal physical evidence but one side has witness testimony which I'm just going to claim they are under duress if I had illegally obtained evidence could I use it. My goal is not to hurt anyone it's to show a problem if I was a victim by these people who else could be hurt.
 


Just Blue

Senior Member
States are New York, Pennsylvania, and Maryland I have been a victim of some illegal workplace incidents including harrasment discrimination I'm not sure what they call this but I was assaulted and threatened with termination if I filed a police report on the man who attacked me. I have had issues finding legal representation due to the lack of evidence and many times have managers and other high ranking people took advantage of this to make derogatory statements let me give you an example. At my first job I had this issue with this worker who's name I could never pronounce because of my bad memory it wasn't just him but he was the only one that thought it was racial my manager at the time brought me up stairs and told me that white men don't suffer a clearly racist statement as I'm not white but also when you fire someone and those are your words I think that's a clear cut case. Unfortunately I have no way to prove that because it was said in a room with cameras but no audio.

I have gotten thrown into these issues in several diffent jobs that I have worked at not all but quite a few. So when your placed into a situation where neither side has legal physical evidence but one side has witness testimony which I'm just going to claim they are under duress if I had illegally obtained evidence could I use it. My goal is not to hurt anyone it's to show a problem if I was a victim by these people who else could be hurt.
Is this all happening at the same company or several different employers? When did these events occur?
 

Rubio acero

Active Member
Is this all happening at the same company or several different employers? When did these events occur?
These are a couple of different employers it is mostly done by supervisors and the higher ups in the company don't do anything to stop them.
 

Taxing Matters

Overtaxed Member
So when your placed into a situation where neither side has legal physical evidence but one side has witness testimony which I'm just going to claim they are under duress if I had illegally obtained evidence could I use it.

It depends on exactly what evidence you have and how it was obtained. But in at least the vast majority of instances evidence that was obtained illegally is not admissible in court. And if you committed a crime to obtain that evidence then attempting to use it would reveal that and subject you to possible criminal prosecution.
 

Rubio acero

Active Member
Could you give a few examples of the illegal workplace incidents you've been subjected to?
retaliation in one of my jobs I was being forced to do the duties of other co workers I was fine with it until it started to affect my normal job and I got yelled at. I asked to speak to a manager in private and he refused instead telling me to state my complaint infront of the co worker which I did. This was the end of my work week and the next time I came we had a new worker who claimed I said derogatory statements to her i stated that I never spoke to her and she had no witness there were cameras which would have showed that I didn't speak with her. The manager spoke with her privately and demanded that I apologized to her I agreed and asked if I could make my complaint in writing he responded with "that's the problem with your generation" I asked to speak with his boss after this which he said he would do but when another supervisor came in he tried to have me removed from the building. He terminated me for insabodination which is illegal since at no point did I refuse to make an apology verbal or written. This is currently being reviewed by the maryland commission on civil rights.

My first comment referenced my first job. There was a coworker who would make derogatory statements towards me like red neck cracker and ginger I'm not white or a ginger latino so I never took these complaints seriously now I don't have the best memory when it comes to names I have to use it alot to call you by your name I do remember faces and stuff like that. We had some new workers who's names I got mixed up like I said earlier they weren't the only ones but one of then claimed that I was racist after having a conversation with the racist that I was referencing earlier. The supervisor took this seriously and terminated me but not before telling me that "white men don't suffer" I let this one go.
 

Just Blue

Senior Member
retaliation in one of my jobs I was being forced to do the duties of other co workers I was fine with it until it started to affect my normal job and I got yelled at. I asked to speak to a manager in private and he refused instead telling me to state my complaint infront of the co worker which I did. This was the end of my work week and the next time I came we had a new worker who claimed I said derogatory statements to her i stated that I never spoke to her and she had no witness there were cameras which would have showed that I didn't speak with her. The manager spoke with her privately and demanded that I apologized to her I agreed and asked if I could make my complaint in writing he responded with "that's the problem with your generation" I asked to speak with his boss after this which he said he would do but when another supervisor came in he tried to have me removed from the building. He terminated me for insabodination which is illegal since at no point did I refuse to make an apology verbal or written. This is currently being reviewed by the maryland commission on civil rights.

My first comment referenced my first job. There was a coworker who would make derogatory statements towards me like red neck cracker and ginger I'm not white or a ginger latino so I never took these complaints seriously now I don't have the best memory when it comes to names I have to use it alot to call you by your name I do remember faces and stuff like that. We had some new workers who's names I got mixed up like I said earlier they weren't the only ones but one of then claimed that I was racist after having a conversation with the racist that I was referencing earlier. The supervisor took this seriously and terminated me but not before telling me that "white men don't suffer" I let this one go.
When did these issues happen?
 

cbg

I'm a Northern Girl
Based on your description of the events, nothing you have described in your first paragraph is illegal. (A wrongful term does not mean you were fired for something you did not do; it means you were fired for a reason prohibited by law.)

The second paragraph may or may not be an issue depending on details you did not include.
 

Rubio acero

Active Member
Based on your description of the events, nothing you have described in your first paragraph is illegal. (A wrongful term does not mean you were fired for something you did not do; it means you were fired for a reason prohibited by law.)

The second paragraph may or may not be an issue depending on details you did not include.
I think you need to go back and read the ending of the first paragraph he claimed that he terminated me for insabodination but that is just the reason he listed his real reason for terminating me was retaliation I never refused to follow an instruction and simply asked if he wanted it in writing or if he wanted me to say it. This is why at will employment is impractical employer's can legit discriminate against you and as long as they don't say that's the reason why they terminated me I have to explain to someone why it's illegal.
 

Just Blue

Senior Member
When did these events happen? What year(s)?

FYI: It's "insubordination". :)

Another FYI: CBG has been working in HR for (likely) longer than you have been alive...she is an expert on employment law.
 

Eekamouse

Senior Member
retaliation in one of my jobs I was being forced to do the duties of other co workers I was fine with it until it started to affect my normal job and I got yelled at. I asked to speak to a manager in private and he refused instead telling me to state my complaint infront of the co worker which I did. This was the end of my work week and the next time I came we had a new worker who claimed I said derogatory statements to her i stated that I never spoke to her and she had no witness there were cameras which would have showed that I didn't speak with her. The manager spoke with her privately and demanded that I apologized to her I agreed and asked if I could make my complaint in writing he responded with "that's the problem with your generation" I asked to speak with his boss after this which he said he would do but when another supervisor came in he tried to have me removed from the building. He terminated me for insabodination which is illegal since at no point did I refuse to make an apology verbal or written. This is currently being reviewed by the maryland commission on civil rights.

My first comment referenced my first job. There was a coworker who would make derogatory statements towards me like red neck cracker and ginger I'm not white or a ginger latino so I never took these complaints seriously now I don't have the best memory when it comes to names I have to use it alot to call you by your name I do remember faces and stuff like that. We had some new workers who's names I got mixed up like I said earlier they weren't the only ones but one of then claimed that I was racist after having a conversation with the racist that I was referencing earlier. The supervisor took this seriously and terminated me but not before telling me that "white men don't suffer" I let this one go.
Your biggest problem is that you assume you have more rights in the work place than you actually do. You think you're entitled to coddling and that's not going to happen. You didn't apologize when you were directed to by your manager. That is insubordination.
 

cbg

I'm a Northern Girl
I think you need to go back and read the ending of the first paragraph he claimed that he terminated me for insabodination but that is just the reason he listed his real reason for terminating me was retaliation I never refused to follow an instruction and simply asked if he wanted it in writing or if he wanted me to say it. This is why at will employment is impractical employer's can legit discriminate against you and as long as they don't say that's the reason why they terminated me I have to explain to someone why it's illegal.

Retaliation for what? Not all or even most retaliation is illegal.
 

Rubio acero

Active Member
Your biggest problem is that you assume you have more rights in the work place than you actually do. You think you're entitled to coddling and that's not going to happen. You didn't apologize when you were directed to by your manager. That is insubordination.
that is untrue you really need to read what I wrote
 

Rubio acero

Active Member
When did these events happen? What year(s)?

FYI: It's "insubordination". :)

Another FYI: CBG has been working in HR for (likely) longer than you have been alive...she is an expert on employment law.
yah I'm not going to take any of this seriously if your comment is the same as eekamouse it's clear that you are either not reading my version of events or you are making a bias statement.
 

Zigner

Senior Member, Non-Attorney
States are New York, Pennsylvania, and Maryland I have been a victim of some illegal workplace incidents including harrasment discrimination
What, specifically, are the actions that you feel are illegal? "Harassment" and "discrimination" are conclusions.

I'm not sure what they call this but I was assaulted and threatened with termination if I filed a police report on the man who attacked me. I have had issues finding legal representation due to the lack of evidence and many times have managers and other high ranking people took advantage of this to make derogatory statements let me give you an example. At my first job I had this issue with this worker who's name I could never pronounce because of my bad memory it wasn't just him but he was the only one that thought it was racial my manager at the time brought me up stairs and told me that white men don't suffer a clearly racist statement as I'm not white but also when you fire someone and those are your words I think that's a clear cut case.
That's not even a clear cut sentence. Please try to describe this in an understandable way.
Unfortunately I have no way to prove that because it was said in a room with cameras but no audio.
Then you're out of luck.

I have gotten thrown into these issues in several diffent jobs that I have worked at not all but quite a few. So when your placed into a situation where neither side has legal physical evidence but one side has witness testimony which I'm just going to claim they are under duress if I had illegally obtained evidence could I use it. My goal is not to hurt anyone it's to show a problem if I was a victim by these people who else could be hurt.
If you've experienced the same treatment at several different jobs, then you should be looking for the common factor.
 
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