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 men were in a locked room having a conversation and venting about the results of our store’s annual inventory. There was profanity used but none of us were offended. Somebody left an electronic recording device in the room and retrieved it after our conversation ended. This person turned it in to HR and all 3 of us were terminated. Is this legal for the company? Is it legal to be recorded if the person doing the recording is not in the room?

Asked on August 28, 2017 under Employment Labor Law, Texas

Answers:

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

Answered 3 years ago | Contributor

You have 2 issues here. First of all, as to the conversation, it is illegal to record a conversation unless at least 1 person to it consents to is being recorded. Secondly, as to your termination, unless your firing violates the terms of an employment contract or union agreement, as an "at will" worker you could have been discharged for any reason or no reason at all, with or without notice. 


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