If I was illegally recorded by employee, is the employer also liable?

UPDATED: Sep 30, 2022

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If I was illegally recorded by employee, is the employer also liable?

I was at work for a large auto parts retail company. I was having an argument with a subordinate in which he cursed at me and later called me a racist name. During the official investigation with the local company HR rep, she said,

Asked on November 3, 2016 under Personal Injury, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the company is not liable. An employer is not responsible for the criminal acts of its employees when those are not part of the job or what they are told to do--and even if the employee then brought this to HR, it still would not have been part of his job to violate your state's recording laws. Also, there is no obligation on the part of an employer to train employees to not break the laws (by your logic, the company would also have to tell employees to not commit murder or arson while on the clock), no obligation to inform the victim of a crime, and no obligation to report the matter to law enforcement. You may, of course, look to press charges against the employee who did this, however.

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