Can my employer audio record our office (while she works offsite most days) without my knowledge or consent?

I am noticing that she leaves behind an audio recorder on her desk, pointed in my direction. She is independent. It’s only her and myself so no HR department I can ask.

Asked on August 12, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, this is illegal. In no state can person A record person B's conversation(s) without B's consent if A is not a participant in those conversations; therefore, your boss cannot record you when she is not in the office, and to do so is a criminal act (it is a violation of the same laws as prohibit wiretapping). That said, she could require you to allow the recording as a condition of employment, and terminate you if you do not consent.


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