can a mp3 recording of a conversation without the other parties consent be used as evidence against them ?

Question

hello i hope you can answer my question about the workplace.As a deputy manager at a major supermarket i asked a member of staff to follow a simple request. on instruction only to recieve a sarcastic comment and a refusal in a manner which was not accepatble. i then asked him to accompany me into my office to ask him without an audience why he had refused my request and why in that manner.little did i know that he was taping the conversation without my knowledge onto his mp3 player(of which is not company policy to be wearing in work hours)he then proceeded to goad me and ask me questions which had nothing to do with the situation in hand but other work matters that did not involve me.by deliberatley doing this he then took home his mp3 player and transferred the conversation onto cd, only to pass it on to my general manager.after listening to this cd and asking me if i remember saying any of the quotes he had given me this resulted in my demotion. can this cd be used as evidence ?

Answer 1

I guess the supermarket can make just about what ever rules they wish as long as they do not conflict with state or government law. You cannot use a recording of another person without telling them they are being recorded first as evidence in a court unless you are a member of law enforcment. You may want to look at an employee handbook or policy book.

Answer 2

In Texas if one party is participating in the conversation then it can be used in court.
I worked as a legal tech for an attorney and saw this on a regular basis. However, the attorneys use them only as a last resort. The court room is not user friendly to tape recorders etc. Even in today's age of high tech. On an average a judge has an unspoken rule of 11 minutes to get your testimony stated.
Good luck and check out your states rule on recorded messages. Careful with leaving messages also.

Answer 3

Last time I checked there were 12 states that required both parties to be aware a conversation was being recorded, they are called "two party states" in legal circles. One party states only require one person on the tape to be aware of the recording.

Since your boss acted on the recording's contents, I'm guessing here that he had the sense to ask Personnel if that was acceptable, I'm thinking you live in a one party state, which means the recording was legal. Sorry... :( And you don't have grounds for a civil suit against either of them if you live in a one party state.

Answer 4

properly, i comprehend of a united kingdom case close to the place I stay that became into thrown out of courtroom as a results of fact conversations have been recorded secretly with the aid of police in the workout backyard at a community nick after arrests we re made. the persons have been being charged with homicide, and admissions have been made on secretly recorded tapes, however the case became into thrown out as inadmissible and unacceptable data with the aid of the courtroom. i think of nevertheless, which you will desire to seek for suited criminal suggestion in the 1st occasion, and your solicitor will propose you properly. This internet site is packed with shite and one shouldn't take human beings's comments at here as gospel.

Answer 5

Yes, it can in this case. It's not being used as evidence in court, only as evidence of your unacceptable behavior in the workplace, and only as evidence for your boss.

I never counsel my employees without another manager or witness present. Never.

Answer 6

What Stuart said is correct-- in any kind of work or personal situation, it can be used. Whether it could be used in court (which may be what you're asking) depends upon what state you're in, I b'leev.

Answer 7

If he did not inform you he was recording your conversation and
it resulted in a demotion you can sue him.

Wheather or not he commited a crime is doubtful.

Answer 8

There's no way it would hold up in court, but I'm not certain that that matters to your GM.