Can my employer audiotape me

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Can my employer audiotape me

An employee ask me a question
protaining to the store manager and my
store manager came in thr next day with
an attitude and started saying and doing
willful stuff she then let me to know that
she over heard our conversation and was
gonna right us up or fired us. Do she have
the right to fire us?

Asked on May 22, 2017 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First of all, unless you have an employment contract or union agreement that prohibits your firing under the circumstances it is legal. In an "at will" work relationship, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). That having been said, it is illegal to record a conversation in your state unless at least 1 party to it consents to the recording. Accordingly, you can file a criminal complaint against your employer and/or sue in civil court for invasion of privacy. The exception here is that any recording in a "public area" would be permitted. So if it was done in a hallway, lobby, break room or anyplace that a third party could overhear your conversation, then no law was broken.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First of all, unless you have an employment contract or union agreement that prohibits your firing under the circumstances it is legal. In an "at will" work relationship, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). That having been said, it is illegal to record a conversation in your state unless at least 1 party to it consents to the recording. Accordingly, you can file a criminal complaint against your employer and/or sue in civil court for invasion of privacy. The exception here is that any recording in a "public area" would be permitted. So if it was done in a hallway, lobby, break room or anyplace that a third party could overhear your conversation, then no law was broken.


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