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

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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 14 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.


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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