I think one of my employees discussed my actions and recorded the discussion, is this legal?
If not can he be prosecuted?
2007-01-09 03:30:53 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Unless the person recording has signed something that doesn't allow Him/Her to record, or it is posted as not recording in the area you were recorded in then it is legal.
As long as one of the two parties (or more) gives consent to be recorded or if the conversation is in a public place, it is legal to record.
2007-01-09 03:38:45 · answer #1 · answered by Rorshach4u 3 · 1⤊ 0⤋
The law varies from state to state, you should check with the police or an attorney to see what the laws are in your area. The laws generally vary in whether or not it was a personal or phone conversation as well.
In some states a conversation can be recorded with only the consent of one party involved in the conversation. If your state is like that your employee did nothing wrong.
Where I live, it is a crime (misdemeanor) to audio record anybody without telling them, you don't their need permission, but they have to be advised. This is not the case with phone calls, where only one party to the conversation has to be aware of the recording.
2007-01-09 07:29:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In Texas, yes it is legal as long as one party (for example you personally are recording the conversation) knows they are being recorded. California is different and both parties to the recording, the person recording and the person being recorded (for example) must know they are being recorded.Check each states laws because not all the states have the same rules on this matter.
2007-01-09 09:04:05 · answer #3 · answered by attyvette 2 · 0⤊ 0⤋
Depends on where you are at. For example, in Iowa it is legal as long as one party knows about it. So I can record someone if I know about it, but they do not. Now, if I was in Missouri, both parties would have to know (i.e. the one recording and the one being recorded). Check online or with your local state codes (usually on your state's judicial page) or your local county/state attorney's office
2007-01-09 04:49:15 · answer #4 · answered by River 4 · 0⤊ 0⤋
It varies from state to state. Some states require that both parties have knowledge of and consent to being recorded; others require only that one party have knowledge/consent. If you live in one of those states, if the employee knew and consented, that would be all that was required for it to be legal. Hope this helps.
2007-01-09 03:39:23 · answer #5 · answered by Poopy 6 · 0⤊ 0⤋
Who did they discuss the actions with? Actually, I think it's ok in some instances. Talk to an attorney, or are you too ashamed of what you did? If you didn't do anything wrong why are you worried about it?
2007-01-09 03:47:37 · answer #6 · answered by Lady in Red 4 · 0⤊ 0⤋
yes it is legal unless it is done with out the knowledge of one of the parties. It is increasingly being used in disciplinary investigations and job interviews
2007-01-09 06:26:13 · answer #7 · answered by The Fat Controller 5 · 0⤊ 0⤋
Whenever anyone recording your actions they should inform you ealier saying that "we are recording our converstaions"
You can generally hear this line of statement whenever you call any customer service.
2007-01-09 03:39:26 · answer #8 · answered by ? 3 · 1⤊ 0⤋
in alabama you can record as long as one of the people knows it's being recorded...
2007-01-09 06:13:32 · answer #9 · answered by baby shih tzu 5 · 0⤊ 0⤋
If you're in the UK, you got nothing on him I'm afraid. You might consider it to be misconduct and start the disciplinary process though...
2007-01-11 05:45:16 · answer #10 · answered by Joe 5 · 0⤊ 0⤋