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I strongly believe that a former co-worker who is retired taped…

Customer Question
I strongly believe that a...
I strongly believe that a former co-worker who is retired taped our telephone conversations for over two years and even set me up with some opinion type questions and played them back to certain individuals in order for me to lose creditability. Do I have any recourse against that person and to others behind the probe? We both live in New York State.
Submitted: 6 years ago.Category: Employment Law
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Answered in 1 minute by:
3/4/2012
Employment Lawyer: JB Umphrey, Lawyer replied 6 years ago
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
Hi and thank you for using JustAnswer!

I am sorry to learn of your experience. Please clarify: was the co-worker a part of the conversations? In other words, was she a party to the phone call(s)?
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Customer reply replied 6 years ago
Yes she and I spoke frequently and used my responses to discredit me,
Employment Lawyer: JB Umphrey, Lawyer replied 6 years ago
Thank you.

In New York, a party to the conversation may surreptitiously record a conversation. People v. Gibson, 23 NY 2d 618 (1969).

Thus, your co-workers actions were legal and there is no legal action that you can take against her.

I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied with your information needs. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

If you have a follow-up question, please reply and ask it.

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Customer reply replied 6 years ago
What if the action was used to defame my character? Entrapment? For example she often wanted to trap me into saying anti-semetic remarks.
Employment Lawyer: JB Umphrey, Lawyer replied 6 years ago
The actual recording is legal.

Entrapment is a term used to characterize law enforcement tricking a person into committing a crime that they ordinarily wouldn't have done. The facts you describe do not involve law enforcement. So, entrapment is not an issue. And it's not a theory to sue over in civil court.

If you have a follow-up question, please reply and ask it.

----------------------------------------------------------------------
If you have other questions on different matters, you can ask me at http://www.justanswer.com/law/expert-jb-umphrey/. Or there are also other Experts ready to assist you in a range of Legal specialties, Veterinary, Cars and others – you can reach them via the www.justanswer.com homepage.
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