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?

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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 6 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.


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