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I live in the state of Maryland where recording an employee

 
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  • Answered by:Knowledge 24/7
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Customer Question

I live in the state of Maryland where recording an employee is illegal, if I proceed to sue what could I sue my co worker for money?

 

Optional Information:
State/Country of Question: Maryland

Already Tried:
Internet surfing, what to sue for.

Submitted: 1019 days and 20 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  Knowledge 24/7 replied 1019 days and 20 hours ago.

HelloCustomer

Under Maryland law, it is unlawful to record the conversation of any person who has not given his consent. It is permissible to videotape, but not capture audio. There is also a federal wiretap law that is less restrictive, permitting recording in many instances where one of the parties has consented. The more restrictive Maryland law, however, is enforceable in the state.

In Maryland, employees may have their conversations recorded if they are told, beforehand, that such recordings will take place. That constitutes consent. Recording conversations between employees and customers, however, is illegal unless the customer is also aware that the conversation is being recorded.

You can sue for money if the person that recorded you violated your privacy by sharing the recording with a third party and that communication has caused you harm.


Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Thank you

Customer replied 1019 days and 20 hours ago.

Hello,

 

I'm actually an assistant manager and he not in management, but he came to my office to ask for my advice on how he can do better at work. As the weeks went by he was written up for not compling with certain work aspects and he blames me for this. He then proceeds to send a copy of our conversation to my supervisor, who approched me today and I'm in fear of loosing my job.

Accepted Answer

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Expert:  Knowledge 24/7 replied 1019 days and 20 hours ago.

The most common issue is whether a conversation is private; most statutes only cover confidential or private communication. A general rule is that if the people engaged in the conversation can reasonably expect their conversation to remain private, then the statute protects that conversation. Courts normally consider telephone conversations to be private.

If you lose your job because of the copy of your conversation then you sue for wrongful termination.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Thank you

Expert TypeAttorney
Pos. Feedback: 96.0 %
Accepts: 330
Answered: 8/7/2009

Experience: Extensive Experience in Real Estate, Contract, and Business Law

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