law on recording devises in t.he work place in the state of florida

private conversation may have been taped leading to termination.

Asked on May 30, 2009 under Employment Labor Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Workplace privacy -- employee vs. employer -- is a relatively unsettled area of the law in most states.  So you would need to discuss all the facts, even the ones you might think were insignificant, with an attorney in your area who keeps up with this.  I'm not a Florida attorney, and the law does vary from one state to the next.  One place to find a lawyer you can help you with this is our website, http://attorneypages.com

Most courts seem to be finding very limited areas where the employee, while in the workplace, is entitled to privacy from the employer.  They can't put cameras in the lavatory stalls, but looking at your employee email -- and anything else that you download on the computer at the office -- is usually fair game.

Privacy law, in general, has usually been based on what is seen as a "reasonable expectation of privacy," and that, all by itself, is often difficult to pin down, even without adding the business context.


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