How to Save Text Messages for a Lawsuit - Pt. 4
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- Опубликовано: 8 июн 2024
- This video is about how employees should save text messages in case they need to file a lawsuit against their company. Mr. Robertson details five different strategies that are effective in preserving important messages without compromising your job.
Four Part Series:
Pt. 1 - How to Document Bad Behavior at Work - • How to Document Bad Be...
Pt. 2 - How to Save Emails for a Lawsuit - • How to Save Emails for...
Pt. 3 - How to Save Company Documents for a Lawsuit - • How to Save Documents ...
Major Videos on Employment Law:
Wrongful Termination Law - • Wrongful Termination L...
Hostile Work Environment - • Hostile Work Environment
Discrimination at Work - • Workplace Discriminati...
Retaliation at Work - • Workplace Retaliation Law
Chapters:
00:00 - Teaser
OO:52 - Introduction
02:54 - Big Picture
05:08 - When Should Employees Save Text Messages?
06:14 - What Text Messages Should Employee Save?
10:34 - The Four Goals When Saving Text Messages for a Lawsuit
12:05 - Five Strategies for Saving Text Messages
23:01 - Conclusion
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
Visit his website at: brobertsonlaw.com
Please subscribe to Branigan's channel!
#textmessage #instantmessage #employmentlawyer
Has anyone at work ever sent you a text message that made your jaw drop? If so, let me know about it here.
Sir, do you have any information about an employer's obligations to employees who are in the National Guard or Reserve Units, that must leave for drill and/or deployments? Do they have to continue to employee's salary during drill or deployment? Must they continue the employee's health insurance when the employee is at drill or is deployed? Thank you so much.
Yessss!!! A supervisor at my place of employment whom has witnessed several acts of bullying and harassment against me sent a text about my "complaints" and how annoying I am to the company, mistakenly to my cell phone. 😒
No but they have sent me unrealistic workload making it seems it should be easy to do so... can you please please cover unreasonable workload disguised as easy (i know its a very grey area but hey maybe you could use it as "fifty shades of grey workloads" title for your next video) where you could give insight on how to gather evidence about that matter
At an old job a male coworker did something I considered inappropriate, I messaged him confronting him asking why he would do that and he denied it at first but after continuously arguing with him about it he backed down and admitted to it… when HR and the manager had a meeting with me, the manager covered for him up because they were friends saying he wouldn’t do something like that, I said in front of HR to the manager, “see why do you keep defending him when I have written proof directly from him admitting to it?” She froze, jaw dropped… crickets… and you are right people feel they can say and get away with things via text or IM (probably because it’s more personal and non professional vs a company email) so it’s a good way to get caught :)
What if the employer is too sneaky . And does not put anything in text
I had a boss who had verbally promised me a raise in pay. However when I reviewed the paystub the raise was supposed to go active the raise was had not be added. In text messages she had claimed it was a pay roll error and that it would be fixed on the next check. The next two checks had the same errors and eventually my boss changed her mind and decided she was not going to honor the raise in pay. I emailed HR with this update and when I came into work the next night my boss was waiting for me "she normally worked mornings" so I decided to turn the audio recorder on and through my phone in my pocket "one party consent state". She had the nerve to tell me to my face that she fired me for emailing HR. It took the company less than a month to settle with me for about 25 times the amount I had been underpaid.
I got one for you. My boss texted me telling me after the job I was on I was to clock out and go do another job to redo it. I screenshot the FLSA and told him off the clock work was illegal. He got mad threatened I would have to talk to the owner. I told him if he knew the laws we wouldn't be having this conversation.
I’m an Independent Contractor and after my interview with EEOC…. They have file the complaint and notified the company… Your videos have been great on helping me document the emails and texts….
Thank you Again!!!
Thank you. You give me hope that I just save my 17.5 years of Federal Service and retirement.
It’s not always about the money. I want to win in court on the merits of the evidence. I don’t care about the money. I’ve been discriminated against and I’m still employed at the moment.
I had my boss text me about how "cute" I looked or for sending me selfies. I also had messages where my boss scolded me for not hanging out with him and that he was acting immature because he "had a thing" for me. I also had messages from a co-worker asking about my sexual history and then saying he was suicidal when I wouldn't give him enough attention. Told my supervisor and nothing was done. Didn't consider the DFEH until it was too late to do anything...
You are awesome. Keep em coming. Love it. Thank you for your leadership.
You are so welcome!
Great advise too many are unaware of their rights.
Liked and shared😊😊.. Even though we're in GA, it's soo helpful and gives a guideline for what we can look for. I'm in year TWO of my retaliation/wrongful termination EEOC case... We just beat MSJ and are suppose to partake a pre settlement conference.. I'm soooo ready for this to be over.. Everytime this come up again after MONTHS of silence, just triggers my anxiety.. Ugh. It really is mentally draining but I'm hanging in there. This injustice in the VA HAS to stop.. It all stinks frm the TOP down 👇🏾
Did you and company settle in year two or 2 1/2 years or 3 years..
Great information! Thank you so much for your time and information. Keep the great information coming in.
Got it.. so the texts where I vented over and over about my abusive boss need to be saved, even the ones where I called my boss a “Bull salami whore” in my rants. Now I need to rethink my venting language.
Been there and to do all of the above is like having a complete other job which takes up a lot of time. Not only that, organizing all to be in chronological or so the subject matter is hard to locate. Doing this is as much work as the actual job we are hired to do. Its so time consuming that you need to hire an assistant to be at your side full time ! The corporate bullies have 10 to 1 against the employee so its a tough road to follow and keep up job duties. After all of this "investigative data and librarying" it all you will hear me say this during a consultation " I have all of this leg work done, orgaized etc. so I will need to be paid a fair sum or receive some major discounts in legal fees". Believe me, your life turns into just one subject when employers are this bad to employees and they have to aquire the needed data to "get them".
Learned a lot from your videos! 👍👍👍
From the computer, one can do the "print screen" command, then paste on word document and print. That way the format doesn't change. It's somewhat a screenshot for the computer.
I sent your channel to a friend who is having weird work issues now -- just in case.
THANK YOU for this information!
My supervisor told me after I complained of osha violations she was just going to remove me from that assignment and nothing more would be done.
Go Mr. Robertson! I hope other emplpyment attorneys RUclips their expertise like you have, thank you for these videos @Branigan Robertson
You are welcome!
I'm in Arizona so This state only requires one person to know a conversation is being recorded and that would be me. I kept him talking for 47 minutes implicating Hr the regional manager even saying names.
Great videos Thank you.
Thanks for watching!
I got fired yesterday after I stood up timeline was within a month. I love your videos thanks
finished all 4 nice
Thank you 🙏
Thank you so much for those amazing videos! Can you make a video for employment defamation? This is when a former employer posts bad things about employee to prevent the employee from ever finding a job in the business again.
Already made one on this: ruclips.net/video/_KNOKlor-z8/видео.html
In your 4 part videos there excellent like the rest.
However the Majority of your videos are in relation to email/text based evidence. Most employers know not to send a employee emails or text messages that could be evidence.
Some times the employer will say on the phone to there employee the evidence that the employee needs.
And every State is different with this.
Thank you.
I have a text of a statement made by a superior to a
colleague
In a closed door meeting regarding job performance and issues between the two. As you requested, I'll post the text here in the comments if you really want me too. It's GOLD. But, maybe not PG rated
How to Save Text Messages for a Lawsuit - Pt. 4
Strategies for Documenting and Preserving Text Messages as Crucial Evidence in Employment Law Cases
0:26: 💬 Saving text messages can be crucial in winning an employment lawsuit.
3:56: 💡 Saving text messages as evidence in employment law cases can significantly increase the value of a case and help in settlement negotiations.
7:41: 💬 Save important text messages in employment cases to support your claim.
11:02: 💬 In this video, the speaker provides tips on how to save and preserve text messages as evidence in legal cases.
14:45: 💾 The video discusses strategies for saving text messages on company-controlled phones or devices.
18:16: 📸 The video discusses five strategies for preserving text and instant messages as evidence in legal cases.
21:54: 💼 Documenting text messages as evidence in employment law cases.
Recap by Tammy AI
My new boss was coming to start his first day his boss who hated me sent me a message that a “new guy was starting,” and I had to bring him to some girl who wasn’t relavent to our department. She was in a meeting and didn’t want us to speak. She was managing me out with him and that message costed her $$$. At the time I thought that message was nothing but later it counted.
What if I have proof that my employer was not in compliance with the state (pics of multiple state logs missing signatures) I presented this to my company’s internal investigator because some employees were not reprimanded for the missing signatures and a certain race was being held. I think this is the reason they terminated me as opposed to the pretext reason of “job performance “ I was terminated 3 days after the investigation closed and after my complaints to EEOC. Would this strengthen my case?
Can you do a video on how to fight an arbitration agreement you didn’t know about or signed. Especially if the agreement was allegedly electronically signed.
Could you please explain California law and alternate work week? I started a job 3 months ago and was told my employer does not pay overtime unless you work over 8.5 hours in a day. I am hourly and did not sign any disclosures regarding this. I have worked for an employer who enforced alternate work week but from what I understood it allowed you to work 4 10 hour days and only get overtime over 40 hours. That I did sign. Can an employer enforce an overtime restriction without employee notification?
how you guys handle of stitching multiple screenshots on the messages, now a day have a easy tool on phone to stack a bunch screenshots in single vertical pictures, do we need to reference witch part of the picture, belong to that specific screenshots
I would like to watch a video on the different agencies that govern employment laws and the public policies that your employer could potentially violate.
I have a family member who was harassed and wrongfully terminated, happened in 2019 and he was scared of retaliation so he never filed suit. How long can you wait to pursue lawsuit?
I been going through retaliation ever since I got hurt in 2020. Currently she's refusing to use my FMLA or put my hours under owcp.
Do you recommend anyone who practices employment law on contingency in Utah?
How do you print instead of screen shot
Sometimes it’s difficult to save any message on your work computer. Especially if you aren’t allowed to have your phone out at tour workstation and deal without sensitive customer information.
take a picture maybe?
See part 2 - print it out, and/or write in a detailed diary.
I used a burner Gmailaccount, used gdrive, log in on work pc, upload in gdrive via web browser.
Topic CA Automotive Tech when it comes to labor law?
Checking out imazing right now
Do companies have the ability to do GPS tracking on your phone? Would they be able to see that I took the company phone into a law office?
Braningan, awesome series of videos on how to document evidence in employment cases. Just a quick enquiry, if in discovery you ask for redacted emails or any other documents to be unredacted and the defence instead come back with an offer of settlement, do you still exert more pressure on the getting those documents unredacted to get more leverage? You might not like their offer and so it would be advantageous to continue with litigation?
That all depends on the case, my friend. I cannot say one way or another here without knowing a lot more. If you have an attorney, rely on his/her judgement.
IM IN NEVADA AND THIS HAS HELPED ME DRASTICALLY IN A PRISONER RETALIATION CLAIM, PLEASE CAN YOU DO ONE ON EVIDENCE THAT SUPPORTS RETALIATION.. SUCH AS TEMPORAL PROXIMITY OR FACTS?
What about employees that retaliate against employers?
And screenshots don’t reflect reality.
What I want is the ability to save all messages to and from on any company device.
I wish I had this information a month ago
Hey brannigan I’m a whistleblower located in Mississippi I’ve been following you here on RUclips. I blew the whistle internally through my employer HR department. I have all the emails, text messages, documents and anything else I need to prove my case. My employer home office is located in California. Can I sue in California?
Mississippi's employment laws would apply to you if you were located there. Call a lawyer near where you live.
What if we are home not work?
I love your channel, I bet you are a fun and cool person to be around 😎.
Thanks for the nice compliment! Appreciate you watching.
I recently was required to take a physical abilities test before I was hired and I was the only one who had to take this test. There are no female drivers for this company and 4 of my male friends who applied for this job as well did not have to take this additional test. I was never given my results to see how I failed nor was I informed why I had been selected. I have to wait 6 months to retest. Do companies have to have reason behind selecting a certain person for this test? Would this be considered discrimination?
Were you the first or the last to apply? They might try to say they rolled out the test on a trial basis.
I'd write to the company, ask for a copy of your results so you can better understand your performance, and ask why you were not selected.
But what can I do if I accidentally deleted important text conversations?
Would you consider miscalification consider serious to you
Just as an update: iMazing costs a minimum of 59.99$ and is only allowed to be used with three devices. If you have more than three over time, you must buy the ability to use the software with more devices.
This is at March 2024.
Can my employer wait for me in the morning before work, then have off duty police officer frisk me before entering the room where i was intertogated. Before they fired me? They said i made threat which obviously false. My union has filed grievance. Very humiliating experience!!
That's crazy. Did you get fired? If so, call a lawyer in your state to get the case evaluated.
Can you make a video about arbitration agreements?
That is on my list. Stay tuned.
My daughter gets time-stamped texts from her boss. I.E: At 9:03 am, I sent you a text to............. At 9:15 am, I asked you to............. Etc. She believes that she's being set up to be fired. What do you think? She lives in Florida.
what if the EEOC FINDS MORE THEN 1 VIOLATION LIKE RETALIATION,PROOF OF WRONGFUL TERMINATION,DISCRIMINATION WRONGFUL TERMINATION ECT ECT HOW SHOULD THIS BE HANDLED?
I have so many ridiculous messages from them admitting wrong doing to the supervisor just getting very unprofessional
Today's date: 08/18/2022. This question is for Mr. Robertson and everyone else that reads this message. I understand that you are an Employment attorney. Do you know any good attorney specialized in "Medical discrimination, medical negligence" in Riverside County- southern California? My insurance and the hospital, several doctors deny to help me with medical precedures based on that I do not consent taking the experimental covid test/vax. My health is getting worse and have hernia due their denial to do their job. I can not explain every details on here. I need your help. Thank you.
Get vaccinated. Refusing to take a COVID test is not a protected catagory, and if you don't like your their services, you can always get your shots at a pharmacy like CVS or Walgreens.
The person in charge of monitoring the retirement of an aging workforce at my job sent me a message saying they are forcing older people out.
...after I had been forced off the job and replaced with a young man who took over my duties.
That's ridiculous. Wow. Clearly they have not heard about the age discrimination laws in this Country! Or they are just ignoring them.
I was sick and I accrued sick time and my boss told me he is not forced to pay sick time and he ended fired me
AN YES I WAS FIRED VIA TEXT MESSAGE AS I WAS SIGNING INTO WORK THAT DAY I AM STILL VERY SHOCKED
I have a lawsuit but my text is very very bad like no take lunch??? And it gets better lol 😆
How do I protect my company? I have a situation where two employees engaged in an inappropriate communication back and forth but we don’t have the content of the texts, only the date and time stamps and text direction. It appears to be mutual and consensual, but it still appears to be nebulous.
If your employer tells you to use your phone for work and discriminates and harasses you over the phone I recommend claiming that you’re out of phone minutes and that you can only text. This way you have text evidence of the discrimination and harassment plus a class action if you’re not being reimbursed for using your phone for work 😁
Being stealthy…isn’t that reason 1 that a toxic employee would use your service?
What happens when they do it verbally, no Technical message
Make a log. If it's a public outburst, like your boss yelling at you using violating language, make a log of it. Date/time what was said and any vo workers who might support your version of events
Don't listen to me though. Not even a lawyer. I just play one on the internet
🚨How to take text messages✅
They say lawyers are liers. it seems very true in this case.
"How to Save Text Messages" the tittle said, but he never teaches you how.
The president of my union told me to never message her again because I was providing what other unions we’re able to get for a pay raise in regards to inflation having happened. Then she called me a dumbass
The really good stuff is what they will say to you on the phone, your private phone .oops!🤥
One part consent states rock!👍
How about my nieghbor attact me . Withbout any reason . She is very mad saying me bad thing and she want to kick and kill me can i file a case to her
I recorded a video of her can i use the video .
Thank u
Sir, I am passionate about Housing and its issues. I wish I could leave an address. I am in Portland, Or (N of you).
Respectfully, NHG
How about those employees who are abusing the systems and have an agendas and criminal intentions what are the recourse? It seems like the employees are always the victims here. What are the measures to also protect the employers from these employees to do harm?
Screen shot it simple
I wish it was that simple. But you're not wrong either. If more people just did that (which I consider the minimum), they would be in such a better position if it comes to a legal fight. Sadly, most people don't.
I got recording and text messages
Got pre hearing scheduled for mspb
I can’t wait to share with the judge
I am saving everything
I want this illegal game to end
Reaching police as 5 laws broken and some are fekonies
I know it's a typo, but I love fekonies
my boss asked me to see a pic of my girlfriend through text
Mighty Text does not work. DO NOT PURCHASE
I was sent clown and gorilla emojis like these 🦍🤡
That is crazy (depending on the context). I would definitely save those!
@@braniganrobertsonlaw I'm African American and he used words like I never should have trust you people and peasant it was so much I can't repeat it all here 😞
Sorry but you strike me as incompetent. The subject of your video series is "How to Save Text Messages...", not "Why to Save Text Messages...".
What’s your email address?