Can my employer record and video tape my personal conversations with my co-workers?

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Can my employer record and video tape my personal conversations with my co-workers?

And then reprimand me when she doesn’t like what is said?

Asked on August 4, 2018 under Employment Labor Law, Missouri

Answers:

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

Answered 3 years ago | Contributor

Videotaping employees in the workplace is legal so long as it is limited to job performance and work activities. Accordingly, an employer may videotape workers to prevent behavior such as employee theft, etc. That having been said, such taperecordings may violate an employee's right to privacy if they are videotaped in areas that are considered private and personal (i.e. bathrooms, locker rooms, break rooms, etc.). Additionally, employers must provide written notice to all employees that video surveillance is being conducted and where it is being used, as well as state the areas that are off limits from such surveillance. As for voice recording, this is illegal  unless at least 1 party to the convesation has consented to its recording. That having been said, there is no “expectation of privacy” in public areas (i.e. the lobby, stairwells, conference rooms, etc.), so recording conversations in such areas is legal. 


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