If I was secretly audio recorded at work by a co-worker, is that legal?

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If I was secretly audio recorded at work by a co-worker, is that legal?

I was terminated because she edited the conversation and lied about it.

Asked on September 1, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

First of all, unless you had protection under a union/collective bargaining agreement or employment contract or your treatment was the result of some form of actionable discrimination, your firing was legal. In an "at will' employment arrangement, a company can set the conditions of employment much as it sees fit. As to the recording itself, in CA it is a crime to record a private conversation or telephone call without the consent of all of the parties to the conversation. That is unless, the recording took place in an area where the parties could not have had a "reasonable expecatation of privacy", such as in a public area. So, for example, in your case if you were recorded in a hallway, lobby, break room, etc. it may have been legal. However, if it was recored in an office or other private area, then it was not. If you think that you have a cause of action, you should consult directly with  personal injury attorney who can best advise you further.


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