Boss recording phone calls?

My moms boss is recording all phone calls, I'm wondering if thats illegal. I'm sorry but, I don't want opinions, I NEED FACTS.
more info.
No its not because there is to many personal calls going on,
No my mom doesn't have a lunch hour or a cell phone to make calls on,The people that Do have cells aren't allowed to really take breaks long enough to use them.
The boss is a very paranoid, mean guy...for example when his wife was giving birth to their 3rd child recently, he took her to the drop off at the hospital & told her to get her sh*t & go, he had to go to work (or to see his mistress)
So I assure you the reason for his recording is not because he had a valid reason.
I told her, that I figure, his phone his office, his building, etc etc he can do what he wants, she believed me but, my aunt has her 2nd guessing, I've Googled for an article maybe defining the laws for workplace privacy but came up empty, if anyone could link me to a place that has the correct info I'd appreciate it.
Additional Details
dittersdoodles > Its not a collection agency or anything remotely close, The boss doesn't actually have a problem with the employees making personal calls, It's not a 'white collard' job

The Queen Has Spoken > He doesn't notify the incoming callers, at all.

Ian M > USA

elka > Thank you, Its a car dealership & no incoming callers arent told.

Gail L

What is the big deal lots of places monitor calls - it is a place for work not personal phone calls - and what is she trying to hide if she is worried that people may hear what she says..get over it, it is not illegal because every one is aware the calls will be recorded..work phones are used for work related business .

what business is it of yours what the boss does with his personal life? get one of your own and quit the gossip

iLu12

is he the guy from Happy Gilmore at the old folks home where Happys mom resides?

â™¥â™¥The Queen Has Spokenâ™¥â™¥

Have you not ever telephoned a business, the phone company or cable company would be a good example, and heard a recording that says your call may be recorded for training purposes.

It is most likely legal for him to record all calls in or outgoing. But he Must Also notify the person on the other end that the call is being recorded. If he does not do that then the recording is illegal.

damffool

My company records all phone calls and radio conversations. If the company owns the phones, they have the right to record the calls. By law, it cannot be done in secret. Both parties must know it is being recorded or the phone must beep every few seconds.

krazyladee

It's legal as long as everyone is aware they are being recorded. He has to have a written notice or a sign posted. Otherwise it is a violation of personal rights.

pomegranatepants

tell her to ask her hr director. she should know what the laws are in your state.

dark_scriptor

In Canada, my understanding is that recording a conversation is quite legal provided one of the parties is aware it is happening...so obviously one of the people has to be actively involved in the conversation. One other thing is that if you're involved in a business like market research or telemarketing - any type of job that requires a consistent high standard for speaking to clients or prospective customers on the phone - you are to be made aware by management that calls may be monitored, recorded and/or critiqued. If you're Canadian, I would suggest that you place a call to a regional RCMP office to inquire further. Unfortunately, if you're American, you guys have a totally different set of laws that include entrapment as being legal and I cannot offer any suggestions. Apologies if this has been a waste of time.

elka

unfortunatley it IS legal. BUT... they do have to let the person on the other line know that the call is being recorded. what kind of buisness is it anyway? call centers almost always have a message when a person calls in stating that this phone call may be recorded for service reasons or whatnot. if it is NOT stated to the recipient on the other line that its being recorded, thats illegal. heres a website that may give you a bit more information
http://www.privacyrights.org/FS/fs7-work.htm

Don Fettucini

I think so because thats asn invasion of privacy, if your mom has a government job it legal patriot act??

Ian M

What Country are you in ? without that there is no sensible answer to your question.

Ian M

cole010993

thats eillegal

*Amanda Leigh*

No. It is not illegal. Many places do it. She's at work there is no privacy. If it is that much of a problem, maybe she should look into getting a new job.

frank

hes a loser

izumz420

The boss or owner of the company is allowed to record all telephone calls, all e-mail's sent and received, they can record every keystroke you make.
Basically it all comes down to the fact that the employer wants to make sure that the employees are doing only work related things while on the clock. The employer wants to make sure that your not sitting on the phone chatting with friends all day or e-mailing your friends. They want to make sure that when your at work your doing work related tasks. That's why they call it WORK. Your supposed to be WORKING not hanging out.

One Big Awfull Mistake America

If she has been made aware of it in advance, she's on a company phone and she's on company time than it is perfectly legal. If your mother does not like it she should find another job at another company.
Privacy at work is only limited to bathrooms.

dittersdoodles

In many states it is against the law, even for an employer. Call your county's prosecuting attorney for advice, if there's a problem, they can investigate and end it without employees losing their jobs.

UPDATED: Even if no one is making personal calls, what if they try to fire someone over what they said to a client? The boss may be the type that's die-hard and unforgiving and the employee might be the type to help out the client and get fired over it. There's a lot that the asker isn't putting here. I think that unless it's a collection agency, no employer or company should be allowed to record conversations. If you don't trust your employees to begin with - fire 'em.

Sixpacks L

ahhaha

SainGuy

There is a lot of incorrect advice here. You are, in part, at fault as you didn't specify the locale. You need to actually look up your state code instead of relying on the varied opinions of others. Montana State Code 45-8-213 allows for recording a conversation as long as the consent of ALL parties in the conversation have been obtained. Eleven other states have similar laws. Federal law (the minimum required - state law surpasses federal law) requires the consent of ONE party in the call. Federal Code TITLE 18 > PART I > CHAPTER 119 > § 2511 > 2 > D. I found this in just a few minutes simply using Google.com as a research tool.

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