How to Document Bad Behavior at Work - Pt. 1

This video is about how to document bad or illegal behavior at work. Mr. Robertson explains how to take proper notes at work so that they will be helpful if legal action becomes necessary.
Part 2 - How to Save Emails for a Lawsuit - • How to Save Emails for...
Part 3 - How to Save Company Documents for a Lawsuit - • How to Save Documents ...
Part 4 - Not filmed yet...
Complain to HR Correctly - • Complain to Human Reso...
Human Resources Sucks - • Human Resources Sucks ...
Wrongful Termination Law - • Wrongful Termination L...
Hostile Work Environment - • Hostile Work Environment
Discrimination at Work - • Workplace Discriminati...
Retaliation at Work - • Workplace Retaliation Law
00:00 - Introduction
00:54 - Overview
03:43 - Big Picture
06:45 - When Should You Take Notes?
09:33 - What Should You Put in Your Notes? The 5 W's
15:15 - How Your Notes Will be Used
16:22 - How Should You Take Notes? Three Strategies
23:22 - Notes for Your Lawyer are Privileged\
24:09 - 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!
#document #documentbadbehavior #documentretaliation

[@braniganrobertsonlaw]

⚠ Have I convinced you to keep notes on the bad behavior you see at work? ⚠

[@AnnLaustsen87]

Yes. I have a Samsung galaxy tab S7+ and I will be taking hand-written digital notes and emailing them to myself with a fresh email account on my personal tablet.

[@irmb8365]

What if your boss makes a racist comment about another person. How to add that to your complaint.

[@thecat5620]

yes

[@TRUSTME183]

Yes but I only use my phone plus a text message should be more credible than an email. Do you think it is worth the effort when you’ve been wrongfully terminated,racially discriminated,targeted at work and working in a hostile environment to go to court?

[@braniganrobertsonlaw]

@@TRUSTME183 It might be. It all depends. I recommend you collect your evidence and call an employment lawyer in your state. I'm in CA.

[@QueenKayeMusic]

Whats terrible is you don’t think to make notes of things when they first start . Especially when you’re just trying to work and go home not cause problems

[@espianmashias9565]

Exactly!

[@Dad_Lyon]

I learned a long time ago about writing yourself emails with dates, times, events. Thanks Russell, Rest in Peace man.

[@thegoldenreynbow]

Oh I do, especially when it becomes a pattern.

[@blugrn1999]

If it’s not documented then it didn’t happen and ppl lie so easily it makes your head spin!

[@jjg8605]

i want them to stop today. can you help me get a job that pays money? This is illegal too

[@post11tracy1]

Always remember the HR Department is never on your side. They are there to protect the Company, not you. Even though they write a policy manual about violating civil labor laws and to report to them immediatally. This is why you take notes with dates.

[@johnorr8094]

Is is appropriate or encouraged to take private notes or private recordings separate and away from work or "fellow employees?" That is, once an employee clocks out and leaves the office property, or once an employee arrives at their home.

[@johnorr8094]

I ask because I have met people who record video, not necessarily workplace related, while they are in transit or while they are parked in a parking lot.

[@jonburger6158]

its not that hr is against you, you just have to provide 100% proof of abuse otherwise it cannot be taken seriously

[@nellatl]

That's why they always have hotlines so you can call and there's no documentation

[@astarisborn9820]

@@jonburger6158 at my workplace HR is against you. They had video evidence and still tried to lie and deny what was in plain sight. Now the company is hemorrhaging staff left and right and on the verge of collapse.

[@sherylsalazar4822]

Trust no one at work ever in my opinion

[@browneyedgirl4285]

I had to learn that the Hard way 😢

[@mercedesveronica]

OMG! I've always wondered exactly how you were supposed to take notes so that they'd mean anything. Everyone is like 'start documenting' but never say how and why. I appreciate this greatly. Thank you

[@kazalmishra5459]

Exactly!!❤

[@jackcarraway4707]

Having a "work diary" is absolutely imperative.

[@alimccreery755]

I have two narcissists in my life who try to use documenting me that I display bad behavior . When I educated myself I realized that all they were doing was trying to manipulate and control me so they could get their supply. There are co workers out there that will use this type of action against their target.

[@jbilotta]

What is horrible is that someone can be a horrible person, break no laws and you have to suck it up.

[@braniganrobertsonlaw]

I know. It sucks. The legal system is far from perfect, that is for sure.

[@shilohscott]

I know this is not legal advice but your videos have been very insightful. Thank you soon much for putting this content out there!!!

[@jujitzujesus]

With repeated incidents of harassment, noting everything that was said, even just the important things in short hand, can quickly cause your notes to become a book that NO ONE wants to read

[@Hi_Im_Akward]

Just want to say, I just binged a few of your videos and I'm sure you are a great lawyer, but you must be a teacher as well. Your presentation and videos are really well written, comprehensive and engaging.

[@luciaorozco6454]

Living it!

[@luciaorozco6454]

Living it

[@luciaorozco6454]

Luv it

[@oceanlover2426]

He’s exceptionally exceptional!

[@ramseywilliams9089]

I truly appreciate your videos. Your videos have absolutely helped my son with a terrible inhumane situation he had to endure while working at Amazon.

[@braniganrobertsonlaw]

I'm sorry to hear this. If he is in CA, feel free to reach out. 949-667-3025. If he is in a different state, call a lawyer where he lives.

[@Rich7714]

I've heard several bad things about working for Amazon!😮😢

[@kazalmishra5459]

​@@Rich7714could you share...plz🦋

[@ivybichon8582]

I have the notes, documents, and text messages. Pervasive abuse over the last seven years and informed my leader of the abuse. HR also has gone. I quit abruptly today. Contacted an attorney and they wanted to hear nothing of it. I find it hard to find anyone who wants to take an employment case.

[@astarisborn9820]

This is why I strive to be self employed!!!

[@Fay1106]

Exactly!!

[@tasu3769]

You are a lawyer who truly cares about people. Your advice is wonderful for people to protect their jobs. Many lawyers out there would only care after they see a viable case.

[@OkieDokie294]

Even if notes aren’t admissible, they help to keep events and timelines clear. I’m terrible remembering dates but if you have notes you can be very clear about what happened and when

[@dakotabuckelew4471]

Best advice I have received from an employment attorney is to take daily notes, dated an initialed. Whether it says “answered calls” or has an extensive report. It creates a paper trail that your employer most likely does not have, and will have to defend against.

[@ryancormack6934]

Sending notes to a lawyer at the start of problems is a good idea. Your lawyer may help you avoid a complicated situation or help you navigate through it with proper context. If you're at a stage where you're panicking, it will be hard for the lawyer to get up to speed and help you.

[@dacer2338]

Wished I had found your channel earlier as I am sure as many here. Never had any interactions with the HR department of any company other than hiring or benefit questions until recently. Had I known the sacrifice I made signing a severance document, I certainly would have done things differently. Excellent breakdown of the processes of an HR department. Very insightful.

[@kbeautician]

Yep. Same.

[@MikeMike-ue7vm]

HR IS NOT YOUR FRIEND‼️

[@paulstinkyknowles]

Thank you so much Branigan! Your videos have been an amazingly useful resource, and they have helped me a lot. I think your thorough, no-nonsense approach is just right.

[@mariannegriego444]

So grateful I stumbled on to your You Tube Page! Prior to watching your recommendations, I did everything wrong in all of my documenting harassment and bullying at work. Lesson learned. 😒

[@michaelciccone2194]

Mr. Robertson's lecture reminds me of my days in a huge fraud department of a major telecommunications company.

[@ContentBocce-io8wb]

The HR polices that organisation create are primarily designed to keep them out of trouble. That does not mean that they always expect their managers to comply with policy. Its just for show.

[@AlejandraMartinez-zk3zy]

This is what I learned. If you initially send an email to your superior and they verbally communicate an answer because they like to switch things down the road and want nothing in writing then is best to send them a follow up about the conversation for your records.

[@ThatJPGamer]

Thanks for these videos! The law can be intimidating sometimes so this is beyond helpful for those of us who wouldn’t even know where else to find this information

[@KittenBowl1]

Hats off to you for making these videos. Upvoted. This is helpful for not only people who live in California or people in the U.S. but those who work in G7 countries or for American companies abroad. Sure the laws are different but the basics of how to deal with HR and what to expect, what not to do are essentially the same. I always wondered about these things and don’t have anyone to share it with (especially colleagues lol ) as these things are kind of private. Maybe just with a partner but a partner isn’t alway a great person to converse ideas with and he could be way off. So I’m glad I found a channel that can talk about these things. Thanks.

[@AdamJTheLawyer]

I've seen your videos for years. I'm taking notes on the outline and format. Great job!

[@EvanMaxVelardi]

As always THANK YOU! Branigan for making this videos, your recommendations have helped me SO MUCH !

[@kumainkana3576]

creating a separate email..i learned today.. thank you lawyer.

[@OkieDokie294]

I like the advice to open a free email to use for emailing your notes. I knew to save somewhere besides a company computer but hadn’t thought of this.

[@juliorivera870]

Im already retire, i have suffer a great deal as factory worker, used to go home frustrating sad and sometimes crying because i didn't want to lose my job, and waking up at 5'00 am to go where i didn't want to go was torture, my nerves are better now, I had to retire at 62 because i hated the work force😢

[@AnnLaustsen87]

Thank you so much for meticulously making these videos. It will help so much if I ever need legal representation.

[@barnabaslazarus6342]

Your videos are more thorough than most attorneys videos. I’m representing myself in a PI case and I can already see lots of parallels

[@benowens9590]

Bad behavior at work is rewarded, and they are often promoted!!!

[@collettebrynes1075]

Absolutely

[@leoclune5079]

One way to look at it is that it gives the company an edge. The person with the bad behavior becomes a puppet. Not exactly getting over, just initially appears that way.

[@dulcesolano9666]

Thank you for your teachings.♥️👍I appreciate all that you are doing for educate about this information.

[@lisafrankenstein3657]

Your knowledge and enthusiasm is a joy to watch

[@cr8cat794]

Good info. Some items I knew, others I didn’t. These videos are helpful because they give a sense of the mindset needed when dealing with a difficult work situation.

[@renphi17]

You’re so helpful!!! Thank you for your KZbin channel 🙏🏻🙌🏻

[@growing367]

2:00 3:25 CA 3:50 2 things 4:33 Authenticity 5:02 Hearsay 6:47 7:10 **When should u be taking notes? 8:48 Every word or thing u say, might end up in a jury with ppl 9:20 Signif 9:40 Who, What, Where, When, Witnesses 10:00 Who 10:10 What 10:20 Write down everything that happened in that meeting11:00 11:40 Witnesses 12:20 Understand Legal Basics 13:00 Legal & Unlawful 14:20 Less may be more, dont threaten 15:20 Notes used in court/to remember 16:30 dont film without their knowledge 16:50 dont store anything regarding about workplace harassment 17:15 Set up free email accnt 17:40 they find anything to twist what u did wrong 18:25 19:00 fancy legal terms 20:50 Send notes to HR? 21:45 Why HR? 22:45

[@mochaandmuses]

Ooo. I thought of a lot of this but not the separate email. It didn't dawn on me that if you use personal, it's susceptible to Discovery. Great point, Counselor!

[@justgone123]

HR covers their tracks so well it's almost impossible to achieve this, it doesn't help if you are ADHD and they keep you so busy you can't remember how it went down when you get the chance to write it all down. I decided to start leaving reviews on the Google pages and hope that nobody else has to go through what I did! HR took the side of the aggressor!

[@OkieDokie294]

Some HR teams are worse than others but I’ve had some pretty bad experiences with HR also. Definitely not your friend!

[@justgone123]

At least I know it now, they won't get me at a disadvantage again!

[@OkieDokie294]

Great video with very clear instructions!

[@miamiflorida6965]

I needed tgis video like 6 months ago! But not to worry, I won my appeal at H.R. 🤩

[@robinshepard4571]

Thank you again for your help and support 🇺🇸

[@joanneplante7883]

This is very informative. Thank you for educating me on this issue.

[@Stevenfrijol]

This is important information to know in case you do go to an Attorney. You need to prove this when going to court. If you you have plenty of proof, you might not even need to go to court. No business wants to ruin their reputation or image.

[@steffybael1245]

EXACTLY! now with that in mind NEVER EVER SETTLE OUT OF COURT WITH A NON DISCLOSURE AGREEMENT!!!!!!!!! when you settle with a NON DISCLOSURE AGREEMENT, you are preventing, past, present and future employees from knowing the HORRIBLE AND ILLEGAL things the company is doing to its employees!!!! YOU SUED BECAUSE THEY DID SOMETHING ILLEGAL!! if officer joe blow, violates your rights by beating you up for asking a question, and you settle WITH A NON DISCLOSURE AGREEMENT, it will NOT be public knowledge , so when he does it to someone else there is NO RECORD BECAUSE THE COURT CASE WAS DROPPED, IT WAS NEVER TAKEN TO COURT!! THE SAME THING HAPPENS WHEN SUEING YOUR BOSS!!!

[@soundman2604]

Good videos, and you are a smart business man, potential clients will have a much better prepared case with their education and because of this you will take their case!

[@karenabrams8986]

Thankyou for making these videos.

[@totatutanxamon2180]

Thank you, so well explained.

[@AmaniAmani-lf4ww]

Thank you so much for the informations that u are giving us for free, more power and more legal advices to come

[@tatyanadivinets6120]

Brilliant information !!! Thank you so very much for a professional information! 😇❤️

[@adamformanack318]

yeah they will not stop stalking me on the internet

[@nw-by-n]

This is great information. Much thanks.

[@kbeautician]

This is good. Great job! Very useful.

[@davidrussell4104]

Lots of good info. Workplaces can be great or be nightmares. I’ve seen both.

[@ArchivosMusicales]

Great Video Mr. Robertson. I would like for you to create a video that explains the concepts of contemporaneous declaration, recorded recollection, a spontaneous declaration, a present sense impression, and a regularly conducted activity. If I can get these concepts understood, it helps in taking appreciation and effort into the notes that we have to record for our employment cases.

[@braniganrobertsonlaw]

Evidence was one of the hardest classes in law school. That might be because I had a tough teacher, but the concepts themselves are difficult. Really smart people can tie themselves in knots trying to figure them out. I think a video about this would be way too technical for my audience on KZbin. But I appreciate the request. I think the average employee should not be worrying about the rules of evidence, as they only really become relevant for the lawyers when the case goes to trial. But if you really want to learn about them, there is probably someone who has taken the time to make a video about them on KZbin. Thanks for the good question!

[@cynthialewis2096]

I am in a wheelchair due to ms. I am also 65. I was working at my job full time, but decided i wanted to go part time, and open my own small retail store. When i did this, i started getting treated differently. Five of the women that run the company are all relatives, which makes it extremely hard to tell a supervisor about bad behavior, because the person is related to her! I also was not given any guidance on how to do my job. When i would ask the person who does the same job i do, she pretty much dissmissed me.

[@skg5067]

Thank you so much for this video ...

[@braniganrobertsonlaw]

You are welcome.

[@Gnotesamurai7]

100%. Thank you teaching what they don't. Or say

[@franksfamily]

You are the man. Your employment discrimination videos are extremely helpful

[@sherylsalazar4822]

Fantastic helpful video!!💥💯

[@braniganrobertsonlaw]

Glad it was helpful!

[@Bluevelvet4]

I always take notes good advice ty :)

[@christineheery]

Great video !

[@caliz56]

Great video,I am in Florida.I will definitel ssubscribe to your channel.Thank you for the education you provide thru your videos.

[@nataliameyer4947]

Loved your advice and suggestions however regarding notes taking, on my personal experience start taking them after addressing possible issues to HR in fact alerts more HR, and might put a target on your back, so I would go against that advice and only reach out to HR just if you find the only option is to log a complaint but not before.

[@WhisperKitten]

Thank you so much!

[@earthsea737]

Awesome Video.....like always... My question is...with government sovereign immunity...plus unions completely sided with the employers for Convenience.... What you can do in a so hermetic system?

[@procurementqueen]

Good information.

[@jchavez5034]

Thanks you very much for help.

[@chevybob9836]

Have you ever taken on a whistleblower case? I thought maybe you had a video of that type of case. Thanks for sharing.

[@lilliep8325]

I worked in a very famous company,experienced every possible means in the words nasty known to every worker,went to HR .And what do I get almost get fired after I was hit by an employee by complaining.I can't do anything so I left the company.But the Manager wants me back .When I saw your video your so refreshing to learn from this video. I don't know what should I do?

[@wenjinzhou7924]

This is the best legal advice 👍

[@fire58372001]

The 5 W's ALWAYS work. I learned this when I was in the military. When you can prove your case, you won't have to stand on the rug. I have numerous matters "pending". That was 25 yrs. ago, I wonder if they forgot about them? 🤣

[@tafarihypolite1461]

Justice is a long process

[@braniganrobertsonlaw]

Yes, it is. Unfortunately.

[@joshuaklein2859]

It doesn’t exist... Assange, Daniel Hale,Steve Dozzinger, Snowden...

[@Llquiquell]

I would call a lawyer but most of the time they only talk to you one time then it’s hard to get a hold of someone without being made to feel like you are bothering the office

[@dalebailey754]

In Texas, recording is legal. I’m thinking I should do it so I have the who, what, where, when, and witness info handy. It may even be admissible evidence.

[@JJK-he1xn]

You should be doing interviews every regardless how stable a job may seem. But if you have to document the bad behavior start looking for that second job beforehand. It’s best to leave prepared than unprepared.

[@SystemOutlook]

thank you!

[@medgarjerome]

Awesome!

[@mosaicowlstudios]

First off, I live in a state where it is legal to record a conversation without another person's knowledge as long as you are also a part of the conversation being recorded. When a new employee started talking about their direct experience with a trainer who exhibited unlawful behavior, I began recording. I took that recording to management, who told me the trainer in question had just received a promotion. I told them that was a mistake. They told me it wasn't their decision. Nothing was done with the recorded information. In this trainer's new position I learned that they were sexually harassing other employees and making them feel uncomfortable. Nobody would report on this person. They had to step down from the promotion (which felt good after telling management they made a mistake promoting this person), but they still work at my company. I've moved to a different department and am no longer personally affected by this person's misbehavior, but I know their department is still suffering because of it.

[@lucidberry]

Good on you for doing that, you probably saved so many employees from that wrath

[@momyour69]

You rock @Branigan Bobertson

[@sachsunil]

Thank you for this helpful information. My attorney quit my case after they received over $1 million dollars. I have not been able to find a lawyer on contingency fee basis. The discrimination is ongoing as my current salary as a professor is $1700 per month. A few lawyers were told they would get hourly rate. My right to sue letter from DFEH was given on December 11, 2020. The CSU refused to pay my judgment. Please help. Thanks

[@jamieg1802]

i have been documenting the crininal acivity of old coworkers

[@Purpleaggie05]

Can you please do a video on manager’s rights when being wrongly accused of discrimination? When HR department is not giving the manager timely advice and is negligent making the situation worse.

[@cortneybrown2257]

My supervisor does a lot of shit that pisses everyone off but unfortunately none of it is in email or IM or other such document so it's really hard to keep track of it

[@itstime7506]

Exceptional education, thank you. Would you have a Florida attorney that you would feel comfortable referring?

[@yw1971]

Great handwriting & colors. You can be a Very successful lecturer, if you ever want to.

[@curious_7525]

No, essentially the most common “bad behavior” is excused an not unlawful (microaggression, a manager that yells at everyone that he/ she doesn’t particularly like, manipulating bonus). What I want to know is if it allowed to sign up for personal use hotel and flight travel rewards programs using companies' business travels an itineraries.

[@Simonetrenkle]

You are amazing. I wish you handled AZ

[@doloinc]

In states with one-party consent recording laws, can conversations you have with supervisors (which are recorded) be thrown out as evidence if a company has a no recording policy?

[@thismann8724]

how can they trust your documents you wrote ? what about ppl work as labors at walmart places like that ? they dont get text messages or emails all verbal.

[@democracyjusticegod404]

Hi Mr Robertson, Your contents are helpful. Please respond few Dilemma Questions : 1. In company, if I was feeling unsafe in SubDept due to many threats of Fake cases by manager , if I don't surrender my niche skills FREELY to Juniors particularly girls only reporting to him working under me, chosen by him based on his personal criteria for their *Replicate-Replace-Throw* business agenda & Credit Thefts in Ad-hoc meetings. I reported many times to higher mangers, HRs, still if they didn't transferred internally. I felt Fixed to be screwed, as he started fabricating his Fake-Case based on operational disagreements with Junior girls... Should I take emails it as proofs to safeguard myself against worst, ignoring one data privacy rule ?! 2. During entire tenure, despite of showing N proofs Bully/partiality/ignoring/unavailability/favouritism/, HR never acknowledged to act against manager...Now, when I already resigned, during common meeting HR speaking all in front of Top HR & Top Business Head...Should I act diplomatic cool 'all good' Dumb-smart like him before,... or Acknowledged him Totally against Wrong ??

[@steffybael1245]

YEAH, HE IS NEVER GOING TO RESPOND, HE DOES NOT STAND TO GAIN $ AND SO.... HE IS A LAWYER AFTER ALL!

[@AB7N.C]

I like his videos..

[@chevler6761]

watching these videos makes me glad i work in a Union shop

[@irrationalpie3143]

I'm wondering - is it OK to save .pst / .ost files from Outlook work machine , or am I better off going e-mail by e-mail that are relevant to the case.

[@noahjay2002]

I know you're a lawyer for employee but can you make some of these for Supervision? I ask because I am a supervisor and these are helpful for me. Just wonder if there are things Supervisors need to know. I am not an owner like the between guy.

[@terrencemilton5088]

That's what I'm saying. You have to prove the issue is bring conducted. Especially, if the behavior is targeting you.

[@abcdabcd5108]

Great video, thank you so much! What about sending to the manager and the Union rep participating on the "retaliation" call, a summary of understanding of what was communicated to me and to union rep, right after the call? Also, what about the notes sent right after that retaliation call to several private attorneys to ask them to review and take my case? They are not my attorneys yet, but my same, contemporaneous message to 3-4 attorneys to review my case and see if they accept it. Would that be "here-say"? Would those emails, and the EEO amendment to my complaint to include the same facts regarding retaliation, would that be sufficient evidence acceptable in court? And why the Agency refused to allow the union rep who is the only person witnessing/participating to the calls to be interviewed by the investigator or mentioned the Agency refusal in the Report of Investigation? Is that legal?

[@Gnotesamurai7]

And what about spying? And there places of hiding or using family or using old friends? Or there friends.? Or online? What about that? Just curious it's weird behaviors. And what about interfering with the products I use?