Can my employer record and video tape my personal conversations with my co-workers?

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Can my employer record and video tape my personal conversations with my co-workers?

And then reprimand me when she doesn’t like what is said?

Asked on August 4, 2018 under Employment Labor Law, Missouri

Answers:

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

Answered 5 years ago | Contributor

Videotaping employees in the workplace is legal so long as it is limited to job performance and work activities. Accordingly, an employer may videotape workers to prevent behavior such as employee theft, etc. That having been said, such taperecordings may violate an employee's right to privacy if they are videotaped in areas that are considered private and personal (i.e. bathrooms, locker rooms, break rooms, etc.). Additionally, employers must provide written notice to all employees that video surveillance is being conducted and where it is being used, as well as state the areas that are off limits from such surveillance. As for voice recording, this is illegal  unless at least 1 party to the convesation has consented to its recording. That having been said, there is no “expectation of privacy” in public areas (i.e. the lobby, stairwells, conference rooms, etc.), so recording conversations in such areas is legal. 


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.

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