I work at a car lot. My boss is a finance manager. He has a videorecorder in his office to record customers during loan closings. Every now and then I go sit in his office and have general conversations. Someone very close to me was in trouble with the law a while back. I think that he was trying to get a little too into my business today. Does he have any right legally to record me without me knowing or without my consent?
2006-09-26 15:59:06 · 13 answers · asked by vanessa marce 1 in Politics & Government ➔ Law & Ethics
"Does my employer have the right for any reason to videotape me without my consent?
The quick answer to your question is "Yes."
The laws on this subject vary greatly from state to state and depend on the method and circumstances of the recording. You should seek specific legal advice in your jurisdiction (or the jurisdictions involved) before you do anything that might create a civil or criminal liability or affect your legal standing.
That said, if you carry around a recording device (cell phone, digital camera with voice, cassette recorder, digital video camera, etc.) or have one installed in a workspace, and you make an audio or video recording of people in public areas or areas in which your employees work, then you are generally not violating any civil or criminal laws.
It gets tricky if you attempt to make recordings of things or in places where a person has an "expectation of privacy"-- for example, up a woman's skirt, in a restroom, in a locker room, or during a two-way phone conversation.
Some states make it a criminal violation to record a phone call unless both parties know about it and consent to it. Although sometimes informing a person that they are being recorded is enough to absolve you of liability (because if the person speaks after that there is implied consent) some states require explicit consent.
Since you were face-to-face (and since you are aware of the recording device) you probably have no reasonable expectation of privacy, and chances are that your state does not prohibit such recordings. Furthermore, it's very likely that it would be admissible as evidence at trial.
However, you might be able to claim that certain things you discuss with your employer are personal and confidential, and therefore, you should tell him to make sure his video camera is off since you have an expectation to privacy when engaged in those conversations in his office.
[This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.]
2006-09-26 18:03:49 · answer #1 · answered by ParaNYC 4 · 1⤊ 0⤋
You are obviously aware that the recorder is there. Therefore, you have given consent, BUT whatever you say cannot be held against you, or anyone in a court of law because you would have to give your consent on the tape itself. You know like when you call someone and they state that this call is being recorded, what ever you say from that point on would be on the record for any purpose, but if you don't hear that on the actual tape, then the recording cannot be used in a court or anything else.
My advise, if you want something said to be 'Off the record", then ask him to meet you outside the office.
2006-09-26 16:11:53 · answer #2 · answered by gatewaylorrie 2 · 0⤊ 2⤋
I think it may vary state to state, but in my state your employer can videotape employees without their consent, however, not bathrooms.
2006-09-26 16:30:10 · answer #3 · answered by Shaman 3 · 0⤊ 0⤋
No Way, here in Australia your hardly allowed to take camera's outside its getting that bad. there was this thing going on a while ago that parents were not allowed to take pictures of their kids at school events etc. He shouldent be video taping you without your consent.
2006-09-26 16:10:04 · answer #4 · answered by Anonymous · 0⤊ 2⤋
Only if he's watching to make sure you spell 'consent' correctly. Just kidding, he must have a sound reason to record you without your consent.
2006-09-26 16:09:09 · answer #5 · answered by ginarene71 5 · 0⤊ 1⤋
Absolutely Not!
I would find another job. In the news there was an employer who put a camera in the bathrooms. He said it was to ensure his employees weren't stealing? I think he got a big fine and probation. They found a camera only in the female bathrooms.
2006-09-26 16:12:12 · answer #6 · answered by powerofconviction 2 · 0⤊ 3⤋
What she's trying to say is she is scared about that one time in the boss office, on his desk...
2006-09-26 16:02:33 · answer #7 · answered by Scott H 2 · 0⤊ 1⤋
yup,esp if its on thier property. its also good for him to video tape any conversations wen he is alone w/you or any other female in his office, protects him in case u claimed he sexualy harrassed you, he'd hav proof he didnt.
2006-09-26 16:07:28 · answer #8 · answered by Anonymous · 1⤊ 0⤋
while on the job and property yes he does, look their are cameras everywhere now
2006-09-26 16:15:44 · answer #9 · answered by blue_eyed_southernman 4 · 0⤊ 0⤋
under no situtions no I would get a lawyer and find another place to work.
2006-09-26 16:03:55 · answer #10 · answered by Anonymous · 0⤊ 1⤋