California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

My husband works for a major carrier service. He recently

My husband works for a...
My husband works for a major carrier service. He recently discovered a camera watching only his station. He also noticed a camera directly under his station. He has been working for the company for over 24 years and has never seen a camera before, especially one that seems to be targeting him. He feels harrassed. I read that video taping is not illegal in the workplace and notice isn't required, but he believes the camera under his station does have audio recording. My question: Would he have a case against the company for invasion of privacy due to the audio recording and harassment?
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 19 minutes by:
4/30/2013
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified
Good morning,

I'm Doug, and I'm very sorry to hear of your husband's situation. My goal is to provide you with excellent service today.

While the law in CA does allow video monitoring of employees, if the recording also captures sound, and is done without notice to your husband, as well as his permission, then the employer is violating state wiretapping laws.

Your husband may file a formal complaint with the CA department of Labor, or he may file a criminal complaint with the local prosecutors office, or he may sue the employer for Invasion of Privacy based on the audio recording. However there would not be a specific cause of action for harassment in this circumstance. Harassment is technically a criminal charge.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Thanks for your response.


Would he need to read over his employment contract to be sure he didn't give permission for recording when he was hired? Also, if he is in the union, should he go through them to file complaints?

Good morning Tameka,

He would need to review his personnel file as well as his contract to determine whether he gave permission to have his conversations recorded. However, in my experience, this is rarely sought by employers, and it is more likely that the person who ordered the installation of the recording device simply was not aware of the CA law in this regard.

He can go through the union if he wants---but he may also file suit for the Invasion of Privacy and report the incident to the police or prosecutor.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you and your family the best in your futures,

Doug
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

I truly appreciate your quick response. I now need to get an idea of how he should go about getting what he needs to present to the police, and/or prosecuter, or lawyer. Would pictures of the cameras and audio device be enough? Does he have to file a complaint with the police before he gets a lawyer? Is getting a copy of his file as simple as calling HR and requesting it?

Hi Tameka,

He should consider getting an attorney immediately, before filing a formal complaint with the police or the Labor Department. The lawyer can assist in getting the evidence necessary to prove the case and to provide evidence of a crime to the prosecutor as well.

He may review his personnel file by asking to see it. Under CA law, an employer who receives a written or oral request from a current or former employee to inspect or copy his or her payroll records shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. Here is a link to the law:

http://www.dir.ca.gov/dlse/faq_righttoinspectpersonnelfiles.htm



You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Will he have to stop working if/when he starts a case against them? Can they fire him if he chooses to keep working while sueing?

No he will not have to stop work, Tameka.

He can not be fired in CA for reporting a violation of law. Suing for invasion of privacy though is not specifically protected and he could have a problem with that issue. However, in CA the employer is legally obligated to treat the employee with good faith and fair dealing, and terminating him because he files a legitimate claim for damages could then result in his attorney suing for wrongful termination as well.

He needs a lawyer, and this is something he will need to discuss with his attorney---as it is not simply law, but also litigation strategy.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

So, he needs to find an employment lawyer, right? I see you have expertise in the subject...are you allowed to give your contact information?

Hi again,

He needs a local employment law attorney. While I am licensed in CA, I am not taking new cases now---and the Terms of JustAnswer prohibit us from representing customers of JustAnswer---I'm sorry.

If you would tell me the county that the employer's business is located in I can get you a list of employment law attorneys who handle cases in that area.

Doug
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Los Angeles, and thank you again for your assistance.

Is that downtown LA---or a neighboring city?
Ask Your Own California Employment Law Question
Good afternoon Tameka,

Here is a link to a number of employment attorneys handling cases in the LA area:

http://lawyers.findlaw.com/lawyer/lawyer_dir/search/jsp/stdSearch_process.jsp?stype=BY_ADDR_OR_ZIP&keyword=employment+law&location=los+angeles%2C+ca&target=FIRM&language=Select+a+language&submit=Find+lawyers

 

 

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug


LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified
LawTalk and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Thank you for your positive rating of my service, Tameka. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Ask Your Own California Employment Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

37,855 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I am currently on short term disability due to Adjustment
Hi, i am currently on short term disability due to Adjustment due to bullying by my supervisor. Can he put me on pip when i go back ? … read more
John
John
Attorney
Doctoral Degree
5,768 satisfied customers
I was forced to go back to work without being released from
Hello I was forced to go back to work without being released from my doctor in order to keep my employment. Now after two months of being at work my doctor took me off on disability again and … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,096 satisfied customers
My former employer is witholding my final check until I mail
my former employer is witholding my final check until I mail him back the key. is that legal? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I used to work with a company as independent contractor in
Hello, I used to work with a company as independent contractor in sales, commission based only. there was no contract since I had been working with them 9 years. i used to get paid 20% of the sales my… read more
socrateaser
socrateaser
1,031 satisfied customers
I have applied for disability, my boss wants to give me my
I have applied for disability, my boss wants to give me my vacation and some commission I have coming do I have to report the disability insurance? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to speak via phone phone please to a california
please, i need to speak via phone phone please to a california employment lawyer regarding a termination that is taking place any time now please … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
I am looking to ask a termination question to a california
good morning, i am looking to ask a termination question to a california employment lawyer (from the employers perspective) please. Do you have a California employment lawyer who can assist please?… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I'm a 1099 employee in california, am i required to give two
i'm a 1099 employee in california, am i required to give two weeks notice … read more
socrateaser
socrateaser
1,031 satisfied customers
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,462 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x