What can I do about a boss recording conversations in the office?

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What can I do about a boss recording conversations in the office?

I found out in the morning after working all night as a night supervisor for St Gobain that the day boss left a

recorder hidden all night in the office. I feel violated that should have never happened. What can I do about it?

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

Answers:

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

Answered 4 years ago | Contributor

In MA, all parties to a conversation must consent to its recording. Therefore, a secret recording is illegal. That having been said there are exceptions to this rule. The first is if the conversation is public, or in private where there is a reasonable expectation of privacy. Accordingly, if it was done in a lobby or hallway versus a private office, then in the case it would be legal. Also, if the recording device is in plain view. In such a case, the worker is deemed to know of its existence, although typically an employer should post a sign of the presence of such a device. If you think that the law was broken, you can file a criminal complaint and/or sue in civil court.


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