What are my rights if my employer was secretly audio recording me without notice?

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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 1 year 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 1 year 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.


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