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I have a question about someone who taped a conversation of

mine. In Texas. What should...
I have a question about someone who taped a conversation of mine. In Texas. What should I do now to minimize repercutions?
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Answered in 1 minute by:
11/16/2013
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,526
Experience: 30 years in civil, probate, real estate, elder law
Verified

Ray :

Hi and welcome to JA. I am Ray and will be the expert assisting you tonight.

Customer:

thank you

Ray :

Texas is a one party consent state.As long as one of the parties to the conversation was aware of the taping it is legal here to do so.

Ray :

Reference.

Ray :

What follow up do you have about the situation here.

Customer:

Ok. But what should I do now? This was a former supervisor of mine. 3 years ago he "stabbed me in the back at work"

Customer:

I survived

Customer:

he retired 3 years ago

Customer:

we had lunch

Customer:

As we were speaking

Customer:

it was clear he was going to continue to lie

Customer:

I guess I was hoping for an apology or whatever

Customer:

anyway

Customer:

I launched into

Customer:

a review of what happenedc

Customer:

all true

Customer:

no ethnic.racial.etc statements

Customer:

I made some negative remarks

Customer:

about 2 employees who still are in may facility

Customer:

my facility

Customer:

(we are govt MDs)

Ray :

So is threatening to release these to your employer here--is it a case of blackmail?

Customer:

again all true

Customer:

no

Customer:

he denied taping

Customer:

but I don't believe him

Customer:

what can he do to me legally?

Customer:

does he have to give me a copy?

Customer:

look--

Customer:

I realize I was stupid here!!

Customer:

I just wasn't thinking

Ray :

He has the right to make a tape here.Texas unfortunately is one party consent--he was the party.

Ray :

He doesn't have to give you a copy.

Customer:

I understand

Customer:

what should I do>?

Customer:

other than losing sleep!

Ray :

You might have a criminal case here if he tries to blackmail you.

Customer:

I don't think he would do that

Customer:

but what happens

Ray :

If he approaches you about the tape you consider a lawyer to sue for defamation or other damages here.

Customer:

if he lets the other parties listen to the tape?

Customer:

there is nothing on there

Ray :

You might have a civil suit to for invasion of you privacy if he discloses this to other parties

Customer:

I see

Ray :

Obviously you did not consent to this disclosure.

Customer:

the guy is a jerk. I really is a snake

Customer:

he really is a snake

Customer:

(correction)

Ray :

Consider a lawyer to send a demand letter if he threatens disclosure.

Ray :

Sorry he did this to you.

Customer:

ok

Ray :

I know it is frustrating.

Customer:

yes

Customer:

a real leanring process

Ray :

I would suggest you wait and see if you can prove he has disclosed this to others.

Customer:

from a practical standpoint

Customer:

I should sit and wiat?

Customer:

wait

Ray :

And then a lawyer to send demand letter threatening legal action.Yes I think you watch and wait here.

Customer:

ok.

Ray :

Time is on your side.

Customer:

time? why?]\

Ray :

You don't waive our right to sue here if he discloses it to others here or tries to shake you down or blackmail you.

Ray :

You still would have right then to sue for damages for invasion of your privacy.

Customer:

that's not his style

Customer:

I see

Customer:

what if he wants revenge?

Customer:

if he tells the other MD

Customer:

can you think of a risk to my current job

Ray :

You could have lawyer making inquiry here and threatening legal action if you were recorded without your knowledge.

Customer:

(I know this is perhaps too much for typing)

Ray :

Lawyer in case you need it here above through our bar.

Customer:

I see

Customer:

this happened 3 days ago

Ray :

You are an employee at will in Texas.If the other person here were to cause you to be fired again a civil suit.Hopefully this person does not do anything with any tape.Waiting to see what happens here makes sense.

Customer:

ok.

Ray :

See if it just goes away.Maybe this person. does nothing.

Customer:

that's what I hope and believe what will happne

Ray :

And involve a lawyer if you think he has disclosed this.

Customer:

stay away from this guy?

Ray :

I hope it blows over here.

Customer:

ok

Ray :

And yes stay away from him.

Ray :

He is bad for you here job wise.

Customer:

you see

Customer:

I am govt employee

Customer:

and in a way it makes you less safe

Ray :

Thanks for letting me chat with you here.Use the lawyer referral if you have to here.

Ray :

And yes I can understand your worries.

Customer:

ok

Ray :

Sorry you are having to deal with this.

Customer:

how does referral work?

Customer:

thankyou

Ray :

You get a half hour with local lawyer in their office they go over your situation and give you fee quote and decide on a course of action--$20 cheap way to talk to local lawyer here about your case.

Customer:

ok

Ray :

It is run by our state bar,

Customer:

any other thoughts ray?

Ray :

they verify credentials.No just see how this goes.If this affects your job here then you take legal action using a local lawyer.

Ray :

It does make me wonder if this person was setting you up or what.

Customer:

ok. will do. I am grateful FOR YOUR ADVICE

Customer:

No

Customer:

I initiated the lunch

Ray :

You are so welcome.Thanks for the chance to chat.

Customer:

I studpily set myself up.....

Ray :

Well again staying away is the way to difuse this.

Customer:

thanks ray

Ray :

Let some time pass maybe he goes away and on with his life since he no longer works ther.e

Ray :

Overall I think thats the way to go here.

Customer:

that sounds right

Ray :

You are welcome.

Customer:

bye now

Ray :

Take care bye.

Ray :

If you can leave a positive rating it is much appreciated.

Ray :

Thanks again.

Customer:

no question!!

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,526
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
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Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,526
44,526 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

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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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