Is it legal to record conversations at work if your boss is harrassing you?
Jon T asked:
I live in California. If you are employed by someone who harasses you frequently, but only when you’re alone so that there would be no evidence, would it be legal to record him doing it? Or would you just have to deal with it?
I live in California. If you are employed by someone who harasses you frequently, but only when you’re alone so that there would be no evidence, would it be legal to record him doing it? Or would you just have to deal with it?
October 31st, 2008 at 2:13 pm
“Cal. Penal Code ยงยง 631, 632: It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties. Eavesdropping upon or recording a conversation, whether by telephone (including cordless or cellular telephone) or in person, that a person would reasonably expect to be confined to the parties present, carries the same penalty as intercepting telephone or wire communications.”
You just have to deal with it — hope for a witness!
November 2nd, 2008 at 3:34 pm
Talk to a lawyer first, but if all you are recording is proof of the harassment, I seriously doubt that neither a judge or a prosecutor would hold it against you
November 3rd, 2008 at 4:45 am
I like New York. Any party to a conversation, whether telephone, radio, internet voice, in person or whatever, may record it without the permission of any other of the involved parties.
By the way, if you are a party to a conversation, then you are NOT intercepting it or eavesdropping on it.
November 3rd, 2008 at 5:09 pm
Nope, it sure isn’t legal in California. BUT, you can refuse to speak to your boss without a witness. Also, you CAN insist that he put every communication with you in writing. You can also start your own paper trail. Send him a memo of EACH CONVERSATION that you have with him. “Just to confirm our conversation…. if this isn’t correct please contact me in writing.” Also, start looking for another job.