What laws federal or state are broken when someone at work is recorded by another employee from a cell phone?

UPDATED: Jun 30, 2012

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What laws federal or state are broken when someone at work is recorded by another employee from a cell phone?

My work partner and I were doing a job at work. A fellow employee began recording us from his cell phone with out our knowledge from the start of the job. In doing this he recorded a safety violation. Instead of stopping us to worn us he continued to record. He called the duty supervisor over showed him the recording from the cell phone. At this point we still did not know what was going on. The recording was sent to the same duty supervisors cell phone and sent to the safety persons cell phone as part of the investigation. Were my personal rights violated.

Asked on June 30, 2012 under Personal Injury, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your fellow employee may have violated the law: Arizona is what's known as a one-party consent state, which meants that recording a conversation is legal so long as at least one of the people in the conversation agrees or consents to it. If the fellow employee were part of the conversation, therefore, he could legally record it; however, if he was not part of the conversation, I do not believe that he could, and in that instance, your rights may have been violated. Unfortunately, even if your rights were violated, while the employee may be guilty of a crime, that would necessarily not stop your employer from considering the recording of the conversation sent to it--an illegal recording can be kept out of government proceedings, but a private employer can often make use of it even if the person who made the recording faces liabilty him- or herself.

Again though, the first critical issue is whether the other employee was part of the conversation (could record it) or was not part of it (could not record it).

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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