Lawyers, paralegals: Are employers allowed to participate in clandestine recording of conversation?
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Lawyers, paralegals: Are employers allowed to participate in clandestine recording of conversation?
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Okay so here is the deal. I live in Vermont. several years ago I was working for a Mobil Station. I kind of thought that it was weird that they always ( manager) seemed to know what I was talking about. I found it kind of hard to believe that every person I talked to or participated in a conversation with, would go back and start talking about the conversation they had with me or call and tell them. I am not overly paranoid.
Anyways one night I looked up and there was this thing on the ceiling I hit it with the broom and for some reason I could hear it resonate in the office ( to which the door was closed and locked) I worked nights. I found out it was an "audio" or recording device. I have heard that you do not have a reasonable expectation of privacy in a public place but my feeling are that you, as an employer do not have a right to invade my privacy. At least not without some sort of court document allowing it. Why am I asking now? Because I feel that it may be going on again at a different place that I work. quite frankly if it is illegal ( which I think it should be I would like to set out to prove it and then do something to try to rectify it. I do not want to be in that type of situation. This is in Vermont I realize the laws differ from State to State.
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Princess Leia
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Here are some good resources:
http://www.bna.com/bnabooks/ababna/tech/2004/dexter-stewart.pdf
and
http://www.rcfp.org/taping/
Most of what the others said is correct EXCEPT audio conversations cannot usually be recorded (employers can videotape you WITHOUT sound).
But this is what the second website says:
There is no legislation specifically addressing interception of communications in Vermont, but the state's highest court has held that surreptitious electronic monitoring of communications in a person's home is an unlawful invasion of privacy. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002); Vermont v. Blow, 602 A.2d 552 (Vt. 1991).
The state's highest court, however, also has refused to find the overhearing of a conversation in a parking lot unlawful because that conversation was "subject to the eyes and ears of passersby." Vermont v. Brooks, 601 A.2d 963 (Vt. 1991). |
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Gem
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If you are on the company's clock and being paid, you have no expectation that you can do anything other than work.
If you don't like the rules at your company, there is legal recourse, find a new job.
Sorry. |
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llapczynski
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They sure can-find a diffrent job |
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bdancer222
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Nothing illegal about employer recording at the work place. |
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PiggiePants
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When you are on an employer's property, you are not in a 'public place' you on are private property - their property. They can record you on their property - your reasonable expectation of p privacy at a workplace is limited to bathrooms/changing areas.
And your entire assertion is incorrect - you have no reasonable expectation of privacy in a public place. When you are in public you are in public. You are likely recorded dozens of times by security and traffic cameras, and when you are shopping you are likely recorded by security systems. Web sites track your internet use and marketers collect your purchasing data. People can even go through your trash if you leave it in a public space (like the curb) so your private life is not as private as you might think.
While I suspect you don't have a case, you should take your complaint to the Vermot ACLU (they have a web site) and follow their complaint procedures and read up on what your actual rights may or may not be. |
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my avatar's hot!
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The vermont courts do not have a strict one party or two party rule, but they have only ruled definitively that a person has a right to privacy in their own home. By that definition, your employer can certainly tape any and all activity at work and be legal by your state standards.
In addition, all convenience stations have security systems like that in place, and it would be considered normal practice to record the activities around the cash register. You as an employee should expect that and would not have an innate right to privacy while handling someone else's money. |
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