How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RobertJDFL Your Own Question
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 11987
Experience:  Experienced in multiple areas of the law.
Type Your Legal Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

I work for the city. Thursday a Customer video recorded me

Customer Question

I work for the city. Thursday a Customer video recorded me without my knowledge saying the chief of staff was not nice and he let authority to his head. The Customer sent him the video. Can I get fired and can I press charges or sue Customer whom I do not know
Submitted: 1 month ago.
Category: Legal
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Customer: replied 1 month ago.
Expert:  RobertJDFL replied 1 month ago.

Thank you for your patience.

Massachusetts's wiretapping law often referred to is a "two-party consent" law. More accurately, Massachusetts makes it a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium. See Mass. Gen. Laws ch. 272, § 99.

Section 99(C) provides several exceptions but states:

". . . any person who willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment."
Section 99 says that "interception" means to "secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device . . . "

While a private citizen cannot press charges (only the government through the prosecutor's office can do that) you can file a police report. You may also be able to file a civil suit for any damages you suffer.

As far as being fired, that depends on whether you have an employment contract or union agreement, which may give you more rights as an employee regarding termination (e.g., it may require that you are first written up or suspended before a termination or entitled to a hearing before a termination). If you have no employment contract, then you are considered to be an "at will" employee and subject to termination at any time, for any reason, so long as it is not done for an unlawful reason (such as discrimination due to race, religion, sex, age, disability or national origin). In other words, yes, there is a good possibility that you could be terminated for making such a statement.

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.

If you need clarification
about my answer or additional information, please use the SEND or REPLY button to continue our conversation. 5 star service is my goal, so if I have provided less than that, please tell me how I may help!

Expert:  RobertJDFL replied 1 month ago.

Was there additional information you needed or can I clarify something about my answer? If so, please let me know, as I'm happy to continue assisting you! If there is nothing further, I would kindly ask that you leave me a positive rating by clicking on the stars, so that I am credited for my time and assistance. You can always reply to this message after leaving a positive rating at no additional charge.

Related Legal Questions