Can a company tape record 2 employees and suspend or fire you?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a company tape record 2 employees and suspend or fire you?
I was taped having a conversation with another employee usinging profanity joking around and didn’t know company taped calls.
Asked on June 25, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
CA is what is known as an "all party consent" state. This means that all parties to a conversation must consent to its being recorded. Accordingly, if you were not aware that your phone calls were being recorded, then such recordings were against the law and you can take legal action. However, that has nothing to do with your possible suspension or termination. Unless you have protection under the terms of an employment contract or union agreement, you are an "at will" worker which means that you can be been fired, or otherwise disciplined, for any reason or no reason at all. Bottom line, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination).
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
CA is what is known as an "all party consent" state. This means that all parties to a conversation must consent to its being recorded. Accordingly, if you were not aware that your phone calls were being recorded, then such recordings were against the law and you can take legal action. However, that has nothing to do with your possible suspension or termination. Unless you have protection under the terms of an employment contract or union agreement, you are an "at will" worker which means that you can be been fired, or otherwise disciplined, for any reason or no reason at all. Bottom line, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.