Is it legal for a conversation to be recorded if the person recording is not in the room?

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Is it legal for a conversation to be recorded if the person recording is not in the room?

Myself and 2 other grown men were in a locked room discussing results of my stores annual inventory. There was some raw language used. Unbeknownst to us another person had left a recording device in the room. After we left the room said person retrieved the device and turned it over to HR. It subsequently cost the 3 of us that had the private conversation our jobs.

Asked on July 30, 2017 under Employment Labor Law, Oklahoma

Answers:

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

Answered 3 years ago | Contributor

No this is not legal. In OK, at least 1 party to the conversation must consent to its recording. The exception would be if the conversation took place in a public place since there would have been no expectation of privacy. However, that is not the case in your situation. The fact is that your employer appears to have done nothing wrong unless the circumstances of your dismissal violated the terms of a union agreement or employment contract. That having been said, you do have a case against the co-worker who left the recording device. At this point, you should consult directly with a personal injury attorney in your area; they can best advise you of your rights under specific state law .

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

Answered 3 years ago | Contributor

No this is not legal. In OK, at least 1 party to the conversation must consent to its recording. The exception would be if the conversation took place in a public place since there would have been no expectation of privacy. However, that is not the case in your situation. The fact is that your employer appears to have done nothing wrong unless the circumstances of your dismissal violated the terms of a union agreement or employment contract. That having been said, you do have a case against the co-worker who left the recording device. At this point, you should consult directly with a personal injury attorney in your area; they can best advise you of your rights under specific state law.  


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