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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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I work for the city. Thursday a Customer video recorded me

Customer Question

I work for the city. Thursday a Customer video recorded me without my knowledge saying the chief of staff was not nice and he let authority to his head. The Customer sent him the video. Can I get fired and can I press charges or sue Customer whom I do not know
Submitted: 10 months ago.
Category: Legal
Expert:  RobertJDFL replied 10 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Customer: replied 10 months ago.
Expert:  RobertJDFL replied 10 months ago.

Thank you for your patience.

Massachusetts's wiretapping law often referred to is a "two-party consent" law. More accurately, Massachusetts makes it a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium. See Mass. Gen. Laws ch. 272, § 99.

Section 99(C) provides several exceptions but states:

". . . any person who willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment."
Section 99 says that "interception" means to "secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device . . . "

While a private citizen cannot press charges (only the government through the prosecutor's office can do that) you can file a police report. You may also be able to file a civil suit for any damages you suffer.

As far as being fired, that depends on whether you have an employment contract or union agreement, which may give you more rights as an employee regarding termination (e.g., it may require that you are first written up or suspended before a termination or entitled to a hearing before a termination). If you have no employment contract, then you are considered to be an "at will" employee and subject to termination at any time, for any reason, so long as it is not done for an unlawful reason (such as discrimination due to race, religion, sex, age, disability or national origin). In other words, yes, there is a good possibility that you could be terminated for making such a statement.

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Expert:  RobertJDFL replied 10 months ago.

Was there additional information you needed or can I clarify something about my answer? If so, please let me know, as I'm happy to continue assisting you! If there is nothing further, I would kindly ask that you leave me a positive rating by clicking on the stars, so that I am credited for my time and assistance. You can always reply to this message after leaving a positive rating at no additional charge.