What to do if my brother was recently fired as a manager of a local business for tape recording employees messing around in his office without their knowledge?

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What to do if my brother was recently fired as a manager of a local business for tape recording employees messing around in his office without their knowledge?

The employees found the tape recorder while digging through his desk, they called HR and he was fired. Was the company justified in firing him?

Asked on January 18, 2013 under Employment Labor Law, Iowa

Answers:

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

Answered 8 years ago | Contributor

The fact is that in an "at will" employment arrangement, an employer may discharge an employee for this reason, any reason or no reason at all. The fact is that an employer can set the terms and conditions of employment as it sees fit or deems necessary. That is unless company policy, the terms of a union agreement or employment contract provides otherwise. Also, no form of actionable discrimination must have play a part in an employee's termination.

Just for a point of information, your son did not break any law by his recording. In your state, you may record a conversation or phone call if you are a party to the conversation (or you get permission from 1 party to the conversation in advance).


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