Can an employer record a conversation between an employee and a customer without either parties knowledge?

UPDATED: Oct 1, 2022

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Can an employer record a conversation between an employee and a customer without either parties knowledge?

I am a manager in florida for a company based in MA. a call from a local customer
was answered by our call center in Texas and transferred to my cell phone. The
call was being recorded without my knowledge or the customers knowledge. The
recording was then played by my boss in front of my employees as a ‘what not to
do’. I was chastized because I called the call center operator a moron…
Can they do this? Without me or the customer knowing?

Asked on August 31, 2017 under Employment Labor Law, Florida


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

Answered 5 years ago | Contributor

No recording of a conversation can be made without at least 1 party to it consenting to the recording. In fact in some states, MA and FL included, all parties to a conversation must consent to its being recorded. In your situation, since neither you nor the customer gave consent, recording your conversation appears to have been illegal. That having been said, there are exceptions to the consent law. For instance, if the communication takes place in a situation where you would have little to no reasonable expectation of privacy. For example, the conversation took place outside in a public place where it could be overheard or it is company policy to record conversations and employees are aware of this fact. If you are still unclear as to your situation, then you can consult directly with a local attorney who can advise you further after reviewing all of the facts.

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.

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