What are my rights if my employer was secretly audio recording me without notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my employer was secretly audio recording me without notice?
I worked for a large insurance and financial service company and was being audio recorded without prior consent resulting in my being let go. I’m sure it records client conversations which likely is a violation of the insurance and financial services company as well. He mentioned that this was a personal device and not anything the company would probably allow internally, as I know it’s quite the legal hoop to check client emails, computers, etc. Is there any liability which I should be aware of?
Asked on July 6, 2019 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
CO is what is known as a "1 party consent" state. This means that so long as at least 1 party to a conversation consents to its being recorded, then such a recording is legal. Accordingly, your permission was not needed (unless the terms of an employment contract/union agreement required it). Therefore, you have no claim here. Further, if in-person client conversations are being recorded, the same rule applies (although recording phone conversations would depend on the law of the state in which the clients are situated). As for whether or not such recordings violate company policy, that is an internal matter for your company to handle and not one for the courts.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
CO is what is known as a "1 party consent" state. This means that so long as at least 1 party to a conversation consents to its being recorded, then such a recording is legal. Accordingly, your permission was not needed (unless the terms of an employment contract/union agreement required it). Therefore, you have no claim here. Further, if in-person client conversations are being recorded, the same rule applies (although recording phone conversations would depend on the law of the state in which the clients are situated). As for whether or not such recordings violate company policy, that is an internal matter for your company to handle and not one for the courts.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.