Can an employer listen to an employee’s phone call without consent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer listen to an employee’s phone call without consent?

Asked on October 2, 2015 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is a lesser expectation of privacy in the workplace so in most instances an employer can monitor phone calls at the workplace (for reasons of quality control, etc.). Business related calls may be monitored unannounced in most states but others require that the parties must be informed that the conversation is monitored and/or recorded.
As for personal calls, when an employer realizes the call is personal, they must immediately stop monitoring it. However, when employees are told not to make personal calls from specified business phones, the employee then takes the risk that calls on those phones may be monitored.
Bottom line, if you need to make a personal call at work, use your own mobile phone.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is a leseer expectation of privacy in the workplace so in most instances an employer can monitor phone calls at the workplace (for reasons of quality control, etc.). Business related calls may be monitored unannounced in most states but some require that the parties must be informed that the conversation is monitored and/or recorded.
As for personal calls, when an employer realizes the call is personal, they must immediately stop monitoring it. However, when employees are told not to make personal calls from specified business phones, the employee then takes the risk that calls on those phones may be monitored.
Bottom line, if you need to make a personal call at work, use your own mobile phone.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, not without consent. However, that consent can be implicit, rather than explicit if your employer tells you that they may listen in, then by continuing to work there and use the phone as opposed to quitting/resigning, you are considered to have consented to the employer listening to your calls.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption