Is it illegal for an employer to record a personal phone call?

Frederick R

does the employer have a policy concerning personal calls?

if they allow you to make personal calls while working and have stated that they allow you to make personal calls then they can not record them without giving you notice. they can record them even if they allow them if that is their policy and you are aware of the policy.

if they do not have a policy that addresses personal calls while at work they can record any/all phone conversations as allowed by law, which requires a disclaimer in many states for INCOMING calls.

in any state you can be disciplined for failing to follow a policy in regards to phone use at work and terminated with "cause" for failing to follow that policy. the employer may monitor the use of phones without recording to ensure enforcement of a phone use policy in all states.

leysarob

A call made or received on an employer's phone is not considered personal ... ever.

MLE

If it is on their phone system yes they have a right to record all incoming and outgoing phone calls. I believe they must notify employees of this though.

wwpetcemetery

No..and they can go into your company computer at anytime and see what you've doing as well..so if you use email better make sure you log out or they can legally read them.

Scott L

legal. creepy but legal

THREEDEESTAH

if its there phone system then they can record you.

cuddles

it depends on what state you live in...theres some states that dont require a person to know that theyre being recorded and theres others that allow a person to record without anyones knowledge...
if its a work phone that the call was made on..the laws still apply..

pappy12a

Not if it's on a company line---Like other equipment, they own it so they have the right (and obligation) to make sure it's used in a proper manner

hr4me

Have they notified incoming calls that they "may be monitored"? Have they notified employees that they will/can monitor calls that are made on company equipment? Does the company have a policy in place that any work that is done on the computer or other business equipment is protected? Most company's have an electronic media services policy in place these days and they tell employees that their computers, e-mail and/or telephones are company property and can be monitored or checked on.

Debra Erics

WM6Wizard

No, but it may be a violation of company policy to use a company phone to make a personal call.

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