California Employment Law
California Employment Law Questions Answered by Legal Experts
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Unfortunately, California is a two party consent state. This means that Helen would actually be violating California wiretapping laws if she was to secretly videotape the open area.
Thats what I thought.
The only way that she would be okay doing this is if a reasonable person were to know that it was more likely than not that they were being taped.
As for what the person is doing, it would actually be considered to be identity fraud under the law.
This person is trying to pass themselves off as Helen.
Is there a penal code that covers that?
Penal Code section 530.5 et. seq.
misdemeanor i suppose,,,
It is actually based on the facts
It is usually a felony
though it can just be a fine
yeah, this is pretty minor, but the culprit has been a problem in the past, she likes to pick on my friend, and the big boss likes the culprit and protects her, so even her supervisor would not want to make waves.
That does make things slightly more difficult. The easiest fix to this would be to present the information to HR and let them deal with it as they would be allowed to tape the employees if there were any provisions in an employee handbook giving them the right to do so.
Yes, and as soon as an investigation was started, the culprit is smart enough to NOT pull that stunt again.
But the management might take it a little more serious if she called a law enforcement officer to take a report! Especially since this takes place at the Sheriff's Department. Thank you for your answers, and if you have nothing further I will say good-bye,,,
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I will, you have a great day too.
I looked up 530.5 PC, identity theft, it only seems to pertain if the person obtains/uses personal identifying information.
OK, thanks again!
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