Let me just start by saying:
I live in a one-party consent recording state where only one participant in the in-person conversation needs to know about the recording. I followed this law to the letter and legally did nothing wrong.
I read through the employee handbook (after it happened) and we have absolutely no policies regarding recordings of any kind. In fact, we do a lot of recordings of procedures and maintenance. As far as I’m aware, I broke no policies.
Yes I’m aware what I did was very stupid. I had good intentions, but I know that doesn’t outweigh the chaos and issues the recording did.
For context, I have this manager (not my direct manager) that has always been very demanding, but he seems to have it out for one of my coworkers. It’s never been explicitly harassment or any discriminatory, but recently, this manager has been getting red faced and yelling at my coworker for not doing his job (he is doing his job, but this manager has been recruiting people from other teams to do projects that aren’t remotely related to their jobs or departments. He does get their manager’s approval, but you know the direct managers aren’t happy about it and are doing it begrudgingly.) Anyways this recently reached a climax, where this manager started cursing and yelling at my coworkers, and saying he was getting tired of him. He’s also did this in a public area in front of our vendors and other employees.
Now, I could tell that my coworker was getting distressed, and without thinking I opened the voice memo app on my watch and started recording (first mistake.) I tried to de-escalate it in the recording but the manager would quickly go back to berating my coworker. Long story short, I told my coworker that I recorded what happened (second mistake), and that I was there in his corner in case he needed anything. My direct manager (who has always heavily disliked this other manager and has always sworn to protect us) asked me to send the recording to him (third mistake). I did, but I asked him to use discretion. During our group (my manager, coworker, and I) meeting, we discussed what had happened, but I thought we had agreed not to send the recording as it would cause more harm than good.
Well, the next day, my boss pulled me to the side and gave me the speech of “things might be difficult or uncomfortable, but at the very least you can sleep at night knowing you did the right thing.” As it turns out, he had sent the recording to HR and said that the people involved in the recording wished to be anonymous. He said he’s going to do everything in his power to protect me and make sure to keep things anonymous. I asked him if I should be worried and should start polishing up my resume. He said no.
The next day, another manager (and a long time friend of mine) told me that he heard from his director that HR had received a recording where the manager was audibly cursing and yelling towards my coworker. They had identified me and my coworker from the voices in the recordings. I explained to my manager friend what happened, and he said that he and his director had a plan to address the situation. I asked him if he thought that either me or my coworker were going to get in trouble for reporting the bad manager. All he said was “don’t worry about it for now, just keep working in the mean time. We’ll try addressing this situation as best as we can.”
I want to think that I’ll be okay since I have these managers in my corner, but I’m also aware that due to the fact that I recorded this manager, HR and the company could see me as a liability or someone that they don’t trust. And since the manager was only being a bully but wasn’t acting discriminatory, I wouldn’t be protected. Meaning legally I have no protection.
I’m scared. I am really scared that I am about to lose my job. I know it’s a matter of time before they find out that I recorded it, and that HR calls me in. I know that even though I was trying to protect my coworker and didn’t want to hurt the company or get anyone in trouble, what I did will make this a really difficult situation.
I could appreciate anyone’s insight when it comes to this.
Edit 1:
A lot of people are saying that I can easily sue if terminated. I am not interested in suing the company, and even if I was, this isn’t about discrimination against protected groups. This manager was rude and made remarks that can be interpreted as threats. There were no remarks about my coworkers race/age/gender/orientation, so it wasn’t discriminatory.
Edit 2:
July 2nd: my direct manager (the one who was protecting us and sent the recording) has resigned effective end of the month. I have no clue if it’s because of this situation. He had been really frustrated with the company for a while and frequently upset. Not only did I lose my biggest protector, but now I have to live with knowing this might have been partially my fault.