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

UPDATED: Sep 1, 2016

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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


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

Answered 6 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.

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.

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