If I was fired from a job I had been at for 3 1/2 years due to a conversation that was recorded without my knowledge, is there anything that I can do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was fired from a job I had been at for 3 1/2 years due to a conversation that was recorded without my knowledge, is there anything that I can do?
I am a restaurant manager.
Asked on October 22, 2015 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
There are two very different issues here:
1) Can you be fired due to a recorded conversation? Yes, unless you have a written employment contract limiting the reasons you can be fired, and this was not one of them. Without a written employment contract, you are an employee at will, and may be terminated at any time, for any reason whatsoever.
2) Was the recording illegal? (And note: its legality or illegality is irrelevant to 1), above; you can be terminated for an illegally recorded conversation.) In your state, *all* parties to (i.e. participants in) a conversation must agree to it being recorded; you cannot be recorded without your knowledge, since if you did not know you were being recorded, you could not consent or agree to it. You could potentially file a police complaint against the person who recorded you without your consent.
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.