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I believe my co- worker used her Ipad to record my conversations

at work after everyone is...
I believe my co- worker used her Ipad to record my conversations at work after everyone is gone and I have to stay with another co-worker to close the day? I have been the target of bullying at my office because I always do what is right and not follow what the bullies want me to do. Is it illegal for her to do record my conversations with out my consent?
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Answered in 18 minutes by:
4/6/2013
Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6,147
Experience: Review contracts for major corporations
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Thank you for choosing Just Answer.

 

In Texas, it is legal to record a conversation as long as one party to the conversation consents. This applies to both telephonic and non-telephonic recordings. Recording of a third party conversations is illegal (unless it is employer).

 

Texas Penal Code Ann. §16.D2(c)(4) provides: It is an affirmative defense to prosecution for interception of wire communications that one was a party to the communication or one of the parties to the communication gave prior consent to the interception.

 

There is an exception your employer may record conversations in the workplace as long as there is no expectation of privacy.

 

If you found this answer useful please ACCEPT my answer; press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

 


Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6,147
Experience: Review contracts for major corporations
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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).

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