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Is it legal for employer to record the phone conversation without your knowledge and or consent? One agency employer used it against me when she insisted that I accepted a shift which I denied. Is that considered harrassment?

2006-08-22 03:08:43 · 14 answers · asked by Sicko 2 in Business & Finance Careers & Employment

14 answers

Recording conversations when there is no notice of you being recorded, or if there's any expectation of privacy in said phone call is against federal law.

2006-08-22 03:15:15 · answer #1 · answered by Anonymous · 0 0

Anyone that records conversations has to state at some point that they do so. Most companies I worked for that required a lot of phone time from their employees did record, but the employees were told up front or it was listed in the handbook that recording took place. Double check all avenues before running to an attorney.
And most businesses feel that since the employee is using the company phone, they have a right to record everything. This is called covering your *** in today's world of "Lottery Lawsuits".

2006-08-22 03:18:37 · answer #2 · answered by jiminycricket 3 · 0 0

Yes, it's legal for your employer to "spy" on you. You're working for them and while they're paying you, they literally own you. They have the right to search your desk, monitor your computer activities, phone calls and they even have the right to use hidden cameras to ensure they're "getting their money's worth" from you.

They are not allowed to video tape you in the bathroom, but everything else is considered fair game.

You can verify this by calling your state employment agency and although some state laws may vary, most will agree that the employer gets to call the shots, not the employee.

Did you ever notice how you'll hear the "This call may be monitored for quality assurance" message when you call some place? Well, the quality assurance comment is their legal loophole for listening in on phone calls, private or not.

2006-08-22 03:22:06 · answer #3 · answered by Buddelia 3 · 0 0

That's depends on what state are you living in. Some states requires all parties, and some states requires one party consent. What one party means is a person can record their own conversations without the knowlege or consent of the other party. In California, Connecticut, Florida, Dalaware, Illinois, Maryland, Washington, New Hemshire, Montana, Michigan and Massachusetts require both parties consent. If you are living in any one of these states, you can file law suit on violation. I remember that there was one case months ago that involve two companies, one is in CA and the other is in a state (dont remember what state) where doesnt require both parties consent. The business in CA sue the other company and CA court ruled that it is prohibited for another company recording the phone conversation, although he doesnt established business in CA, must still follow CA law.

2006-08-22 03:16:39 · answer #4 · answered by piyo006 3 · 0 0

It depends upon at least all of the following: your state; whether the employer was a party to the call; whether your employer had ever informed you that you may be recorded either orally or in a contract; and what telephone you were on when you were recorded. Without that information, it is impossible to say. And more information may be required beyond that.

2006-08-22 03:17:26 · answer #5 · answered by Loss Leader 5 · 0 0

Well, that's sort of tricky.
If you were on their phone system when the conversation took place, they can fight that in court and probably win. They own the phone system, and they have the right to do that.
However, if you were at home when the conversation occurred, then they must get your consent or at least say something like "this phone conversation may be recorded".

2006-08-22 03:15:41 · answer #6 · answered by Scott D 5 · 0 0

I think they need to inform you that you are being recorded for it to be legal. If you are talking about a temp agency just avoid these altogether, go directly to company and apply and if they say they only go through a temp service find other work, companies that use temp agencies tend to have a high turnover rate and care less about individuals.

2006-08-22 03:19:57 · answer #7 · answered by Later Me 4 · 0 0

In some states it is legal to record a conversation as long as ONE party is aware of the recording. Check your state laws to make sure.

If it's not - you have a good case for a lawsuit.

2006-08-22 07:14:35 · answer #8 · answered by Tim B 4 · 0 0

this heavily isn't a huge-unfold answer. it somewhat is time so which you will recover from the "verbal abuse" crap. Verbal abuse, real verbal abuse is attack. It comes with danger of actual violence. it somewhat is going to be quite complicated so which you will coach that danger over a telephone, till of direction it somewhat is a cellular telephone exterior your door. At that element you will possibly desire to call the police. the final thought of verbal abuse is crap. Sticks and stones. words? you have already created an opposed dating with him and are in basic terms reinforcing it by skill of dragging him returned to courtroom for "custody subjects". you extremely might desire to assume some verbiage you do in comparison to. As on your different "subjects" i do no longer lots care who brought about what. to ask which you will possibly desire to illegally ( without earlier notification)record telephone conversations to reinforce your case makes you come off as spiteful and revengeful. is this somewhat on your newborn's suitable activity?

2016-10-02 09:49:57 · answer #9 · answered by Erika 3 · 0 0

It is illegal to use the information to try to convict someone for a crime without a court order for a phone tap. If you work for someone who is trying to blackmail you, you should find another job and report them to the local police.

2006-08-22 03:16:35 · answer #10 · answered by Anonymous · 0 0

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