Is it legal to have an employee consent to being monitored with audio and video while they are in a sales office conducting a sales presentation to a prospective customer?

The purpose is ensure the sales representative does not make any false claims, promises, guarantees, or high pressure techniques. Consent of the prospective customer would be necessary of course, this

is just on employment side.

Asked on August 30, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal. Video and also audiotaping of someone is always legal with the consent of all the parties to it--i.e. of all the people being recorded. Just make sure you get consent in writing, so as to be able to prove it: audiotaping without consent can violate the wire-tapping laws.

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 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.