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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4871
Experience:  Extensive experience representing employees and management
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Last week my manager called me and asks if it was a good time

Customer Question

Last week my manager called me and asks if it was a good time to go over my monthly coverage’s. I told him yes and he went over the many things that are required to be covered every month. When it was done I asked him if I could get a copy of our conversation and he said no problem. When I received a copy it was word for word what we had spoken about. It was too perfect. I believe he was recording our conversation.This is the 5th month he has done this and the 1st time he did this I was in the office with him and he had his iphone on the desk. I believe he was recording our conversation. If he is recording me is it legal to be done without my knowledge or consent? Can he use this information agaist me if it was recorded without me knowing I was being recorded? How should I confront him about this? Is it legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service this evening.

No, it is illegal for someone, including an employer, to record you without your knowledge or consent. In fact, it is a misdemeanor to do so, and could potentially be prosecuted by the District Attorney.

This is from California Penal Code Section 632, which states:

632. "(a) Every person who, intentionally and without the consent of
all parties to a confidential communication, by means of any
electronic amplifying or recording device, eavesdrops upon or records
the confidential communication, whether the communication is carried
on among the parties in the presence of one another or by means of a
telegraph, telephone, or other device, except a radio, shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or imprisonment in the county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment. If the
person has previously been convicted of a violation of this section
or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be
punished by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in the county jail not exceeding one year, or in the
state prison, or by both that fine and imprisonment."

Since it is illegal, it would be illegal for your employer to use this information as evidence in any court or legal proceeding, and no judge would allow this information to be used as evidence.

Since every employment situation is unique, I cannot really tell you how to go about confronting your employer about the situation.

That said, you may just try to casually mention how his notes seem to be word for word and ask him directly if he is recording the conversations. He could either admit to it or just state that he takes really good notes. If he admits, then you can request that he stop recording your conversations because it makes you uncomfortable.

If your employer were to retaliate or discriminate against you in any way for making this complaint, you would have a wrongful termination in violation of public policy cause of action against your employer since you would be complaining about your employer's illegal activity (even if it's just suspected illegal activity).

Since my goal is to provide you with the best service, please let me know if you have any follow up questions.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4871
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Will,

Thank you for your positive rating of my service and the bonus!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

When you receive your Customer Satisfaction Survey from JustAnswer, please rate me highly (9-10)! High customer satisfaction scores ensure that I will continue to provide you and other customers with excellent service and they are greatly appreciated!

Thanks again and best of luck!

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