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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I'm a boss discussing a situation about a employee in my bosses

Customer Question

I'm a boss discussing a situation about a employee in my bosses office my phone in my pocket accidentally dialed the person who was being discussed without my knowledge she recorded our conversation about her , can she play this recording to her Union legally?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law and litigation experience. It is a pleasure to assist you today.
Pennsylvania makes it a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent. See 18 Pa. Cons. Stat. § 5703 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision). Pennsylvania is what is termed a "two-party" consent state.
So, even though you accidentally dialed, it was unlawful for her to record and would be unlawful for her to play it for others - including her union.
Let me know if you have any other questions or comments.
Please rate my response positively as well.
Best wishes going forward!
Customer: replied 2 years ago.
thank you
Expert:  Delta-Lawyer replied 2 years ago.
No worries. Let me know if anything else comes up. Please rate my answer positively as well so I can receive credit for my answers. Thanks
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks

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