Employment Lawyers Can Answer Your Employment Law Questions
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Are you part of the Union?
Texas Penal Code § 16.02 makes it a felony to record any private conversation or telephone call without consent of all parties involved.However, Texas Code Crim. Pro. Art. 18.20 allows exceptions for any conversation made in public where there is no reasonable expectation of privacy.
However, Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code § 16.02. Therefore, if you operate in Texas, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance
If she recorded the conversation and is a party to it, that would satisfy the consent requirement, as she consented.
You should file an HR complaint about her actions, and file a grievance with your Union if you are part of one, however because she was a party to the conversation, it would not be against the law
This was a private conservation because she closed the door for no one to hear. There were other employees in the office. She was from DC and apparently management knew the law. But I am not in a union and why did she want the door closed.
This conversation was not in public. Isn't a government office considered private.
Thank you so much for knowing the law. I think was a set-up because I had filed an EEO earlier on these two individuals. I requested to retire on 12-31-13. Personnel sent an email and saying they will call me to discuss my retirement request and assist with the paperwork. I hope this means I can retire in peace. My manager asked me to retirement in March. The government is too big fight and some of the actions they are allowed to take hurts. The OIG's are huge cash cows that use funds that could be put to better use. Sad the Postal Service is in financial trouble and they continue to hire and remodel offices. I just need to retire. Sitting here crying as I write this but I recognize my arms are to short to box with them.
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I referred this to the Office of General Counsel and HR. Just got a response that it is referred to Special Inquiries Division. I think from your answers it just simply means the run around. They will sit on it a few weeks and nothing will happen.
The OIG policy says....
6. Electronic Surveillance Violations
a. Monitoring or intercepting oral or wire communications in violation of federal law.
b. Monitoring, recording, or otherwise intercepting oral or wire communications of any person during the course of activities related to postal employment through the use of any electronic, mechanical, or other device, or listening in on a telephone conversation, or directing another to do so, unless all parties involved in the communication are made aware of and consent to such interception.
Does the policy over rule what happen?
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