secretly recorded

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secretly recorded

I work in the kitchen of a nursing home. A fellow employee purposely recorded a
private conversation between me and another employee. She left her phone on
record and left the kitchen. Neither I nor the other employee had any idea she
was recording our conversation. I reported it to HR but it seems the company
doesn’t care. Is there anything legally I can do?

Asked on April 26, 2017 under Employment Labor Law, Connecticut

Answers:

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

Answered 3 years ago | Contributor

First of all, this is not an employment issue, therefore your employer is not required to get involved in this matter (although it could possibly choose to terminate or otherwise discipline your co-worker for such disruptive workplace behavior). That having been said, it is illegal to record a conversartion without at least one person to the conversation giving their consent. Additionally, you would have a civil cause of action so could sue if you sufffered damages (a loss of some kind) due to this recording having been made.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't make the company do anything: it is not their job to enforce the criminal recording laws. What you can do is: 1) report this to the police--it is a crime to record a conversation in your state without the consent of the people being recorded, and the person recording you could therefore be charged criminally; 2) if you were in any way damaged or injured or suffered a loss due to the recording, you could sue the person recording you for compensation. (There must be some provable loss or cost or injury, etc. to recover compensation.)


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