If my boss has put recording devices in the vents for the purpose of recording our conversations when he is not around, is this legal?

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If my boss has put recording devices in the vents for the purpose of recording our conversations when he is not around, is this legal?

If it is not, what recourse do I have?

Asked on November 1, 2015 under Employment Labor Law, Idaho

Answers:

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

Answered 5 years ago | Contributor

What many employees failt o understand is that there is much less of a right to privacy in the workplace. Employers have a great deal of discretion in monitoring their employees. That having been said, there still exists some expectation of privacy at work. In your case, it isn't clear if your employer has an established monitoring policy in place and/or if you gave your consent to being recorded (quite possibly in your initial employment papers, etc.) Otherwise, you may have a claim for invasion of privacy, especially considering the fact that the recording devices were hidden in the air vents.
At this point, you should consult directly with a local attorney; they can best advise you as to your rights/remedies under specific state law.


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