Can a company tape record 2 employees and suspend or fire you?
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Can a company tape record 2 employees and suspend or fire you?
I was taped having a conversation with another employee usinging profanity joking around and didn’t know company taped calls.
Asked on June 25, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
CA is what is known as an "all party consent" state. This means that all parties to a conversation must consent to its being recorded. Accordingly, if you were not aware that your phone calls were being recorded, then such recordings were against the law and you can take legal action. However, that has nothing to do with your possible suspension or termination. Unless you have protection under the terms of an employment contract or union agreement, you are an "at will" worker which means that you can be been fired, or otherwise disciplined, for any reason or no reason at all. Bottom line, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination).
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
CA is what is known as an "all party consent" state. This means that all parties to a conversation must consent to its being recorded. Accordingly, if you were not aware that your phone calls were being recorded, then such recordings were against the law and you can take legal action. However, that has nothing to do with your possible suspension or termination. Unless you have protection under the terms of an employment contract or union agreement, you are an "at will" worker which means that you can be been fired, or otherwise disciplined, for any reason or no reason at all. Bottom line, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination).
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