Can my employer record my conversations without my consent?

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Can my employer record my conversations without my consent?

I work from home and they are recording both work and personal conversations. I would like to inquire about the rights of “at-home” or “remote” workers. I reside in a state other than the state my employer is located in. Recently, it was suggested that our managers have begun recording our conversations and to our knowledge we were never asked for nor given any forms to sign giving consent for this. With the fact that we work from home, there are times in which we may not be on the line with a customer or client and may have a conversation with someone in our home. Do we have rights regarding being recorded without consent?

Asked on August 23, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you or your employer is in Florida, then this is almost certainly illegal. Florida is an "all party consent" (sometimes called "two party consent") state in regards to recording conversations. That means that everyone on the converstation must agree or consent to recording it; if even one person does not, it is illegal to record them. Your employer may be breaking wiretapping and related laws.


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