Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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If the lady was not part of the conversation being recorded and basically just left the voice activated device then there are a number of criminal and civil law she may have violated.
It may be questionable whether you had the expectation of privacy in the office and that would be one of the legal questions that would need to be addressed. But if it is determined that you did have an expectation of privacy then placing such a device would be a serious matter.
she may also have civil liability in connection with an invasion of privacy and slander causes of actions you might have against her.
Texas is a "one-party consent" state. According to Penal Code § 16.02, wiretapping law, it is a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. This means that unless she a party to the conversation that was recorded (and she is therefore the one consenting party that is needed) she has violated wiretapping law
There are a number of way you can pursue it. You can file a police complaint, you can file a law suit against the lady, if the boss listened to this recording and has not reprimanded the lady then you can consider also filing a law suit against the company finally you can confront the lady (in a polite manner) and ask for a public apology. It depends what you want to achieve.
Finally, remember that according to TX law you are permitted to record conversations that you are party to. So if you do decide to talk to the lady or co-workers you should consider recording those conversations.
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