Is it legal to video and audio record an employee without their consent in the workplace?

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Is it legal to video and audio record an employee without their consent in the workplace?

My co-worker and I were videoed and audio recorded without us knowing. We were recorded in our office and there was no one else there. We said some things about the owner’s wife that he didn’t like which led to our termination. We never gave consent to be audio recorded verbally, written nor was it disclosed in our employee handbook. Is it legal to audio record without consent in the workplace? I live in a 1 party consent rule.

Asked on February 4, 2012 under Employment Labor Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the problem. You do not have an expectation of privacy in the workplace. Therefore, pretty much anything is fair game; however, keep in mind that there are also places even within the workplace that do offer some level of privacy. Without knowing where you were both recorded or videotaped, I am unsure as to whether or not it was illegal. If you live in a state that requires you to give conset, it won't make a difference if it was done in a location where you had no expectation of privacy. This would be different if it were your home.


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