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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 30315
Experience:  29 years in civil, probate, real estate, elder law
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I have a question about someone who taped a conversation of

Resolved Question:

I have a question about someone who taped a conversation of mine. In Texas. What should I do now to minimize repercutions?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Ray :

Hi and welcome to JA. I am Ray and will be the expert assisting you tonight.

Customer:

thank you

Ray :

Texas is a one party consent state.As long as one of the parties to the conversation was aware of the taping it is legal here to do so.

Ray :

Reference.

Ray :

What follow up do you have about the situation here.

Customer:

Ok. But what should I do now? This was a former supervisor of mine. 3 years ago he "stabbed me in the back at work"

Customer:

I survived

Customer:

he retired 3 years ago

Customer:

we had lunch

Customer:

As we were speaking

Customer:

it was clear he was going to continue to lie

Customer:

I guess I was hoping for an apology or whatever

Customer:

anyway

Customer:

I launched into

Customer:

a review of what happenedc

Customer:

all true

Customer:

no ethnic.racial.etc statements

Customer:

I made some negative remarks

Customer:

about 2 employees who still are in may facility

Customer:

my facility

Customer:

(we are govt MDs)

Ray :

So is threatening to release these to your employer here--is it a case of blackmail?

Customer:

again all true

Customer:

no

Customer:

he denied taping

Customer:

but I don't believe him

Customer:

what can he do to me legally?

Customer:

does he have to give me a copy?

Customer:

look--

Customer:

I realize I was stupid here!!

Customer:

I just wasn't thinking

Ray :

He has the right to make a tape here.Texas unfortunately is one party consent--he was the party.

Ray :

He doesn't have to give you a copy.

Customer:

I understand

Customer:

what should I do>?

Customer:

other than losing sleep!

Ray :

You might have a criminal case here if he tries to blackmail you.

Customer:

I don't think he would do that

Customer:

but what happens

Ray :

If he approaches you about the tape you consider a lawyer to sue for defamation or other damages here.

Customer:

if he lets the other parties listen to the tape?

Customer:

there is nothing on there

Ray :

You might have a civil suit to for invasion of you privacy if he discloses this to other parties

Customer:

I see

Ray :

Obviously you did not consent to this disclosure.

Customer:

the guy is a jerk. I really is a snake

Customer:

he really is a snake

Customer:

(correction)

Ray :

Consider a lawyer to send a demand letter if he threatens disclosure.

Ray :

Sorry he did this to you.

Customer:

ok

Ray :

I know it is frustrating.

Customer:

yes

Customer:

a real leanring process

Ray :

I would suggest you wait and see if you can prove he has disclosed this to others.

Customer:

from a practical standpoint

Customer:

I should sit and wiat?

Customer:

wait

Ray :

And then a lawyer to send demand letter threatening legal action.Yes I think you watch and wait here.

Customer:

ok.

Ray :

Time is on your side.

Customer:

time? why?]\

Ray :

You don't waive our right to sue here if he discloses it to others here or tries to shake you down or blackmail you.

Ray :

You still would have right then to sue for damages for invasion of your privacy.

Customer:

that's not his style

Customer:

I see

Customer:

what if he wants revenge?

Customer:

if he tells the other MD

Customer:

can you think of a risk to my current job

Ray :

You could have lawyer making inquiry here and threatening legal action if you were recorded without your knowledge.

Customer:

(I know this is perhaps too much for typing)

Ray :

Lawyer in case you need it here above through our bar.

Customer:

I see

Customer:

this happened 3 days ago

Ray :

You are an employee at will in Texas.If the other person here were to cause you to be fired again a civil suit.Hopefully this person does not do anything with any tape.Waiting to see what happens here makes sense.

Customer:

ok.

Ray :

See if it just goes away.Maybe this person. does nothing.

Customer:

that's what I hope and believe what will happne

Ray :

And involve a lawyer if you think he has disclosed this.

Customer:

stay away from this guy?

Ray :

I hope it blows over here.

Customer:

ok

Ray :

And yes stay away from him.

Ray :

He is bad for you here job wise.

Customer:

you see

Customer:

I am govt employee

Customer:

and in a way it makes you less safe

Ray :

Thanks for letting me chat with you here.Use the lawyer referral if you have to here.

Ray :

And yes I can understand your worries.

Customer:

ok

Ray :

Sorry you are having to deal with this.

Customer:

how does referral work?

Customer:

thankyou

Ray :

You get a half hour with local lawyer in their office they go over your situation and give you fee quote and decide on a course of action--$20 cheap way to talk to local lawyer here about your case.

Customer:

ok

Ray :

It is run by our state bar,

Customer:

any other thoughts ray?

Ray :

they verify credentials.No just see how this goes.If this affects your job here then you take legal action using a local lawyer.

Ray :

It does make me wonder if this person was setting you up or what.

Customer:

ok. will do. I am grateful FOR YOUR ADVICE

Customer:

No

Customer:

I initiated the lunch

Ray :

You are so welcome.Thanks for the chance to chat.

Customer:

I studpily set myself up.....

Ray :

Well again staying away is the way to difuse this.

Customer:

thanks ray

Ray :

Let some time pass maybe he goes away and on with his life since he no longer works ther.e

Ray :

Overall I think thats the way to go here.

Customer:

that sounds right

Ray :

You are welcome.

Customer:

bye now

Ray :

Take care bye.

Ray :

If you can leave a positive rating it is much appreciated.

Ray :

Thanks again.

Customer:

no question!!

Ray, Lawyer
Category: Legal
Satisfied Customers: 30315
Experience: 29 years in civil, probate, real estate, elder law
Ray and 4 other Legal Specialists are ready to help you

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Ray
Ray
Lawyer
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29 years in civil, probate, real estate, elder law