A previous boss of mine in Kansas City, MO recorded the owner of the company, and although the recording wasn't admissable in court, she wrote out the entire entire conversation which is admissable documentation and the court awarded her back salary, back bonuses, very valuable preferred company stocks including two 2 for 1 stock splits and adjustments to her 401k had she been making the legal salary through the years. She was completely "made whole" plus punitive damages and walked with a win of over $700,000. All because of the transcribed recording!!
Its not able to be used as evidence in court. Still a very smart thing to have for personal use. Like to remember what was said. Also a must when questioned in court.
It depends on the country .you can record any person but not disclose it to the second party .Only with written approval from the guilty party. You are allowed to take pictures videos or record people as long as you are a part of the interaction in some countries. In UK you can record someone and use the recording as long as you have approval from one of the parties if you are speaking in the recording you represent one of the parties
I use to be security guard for corporate lawyers for security company. There cameras that recording people from walking in private places. So how it is crime if the building already recording when didnt sign a notice to be recorded when walk in building. So they can record you to protect themselves. You should be able to do the same.
Note that California Penal Code 633.5 provides a number of exceptions to the recording rules, making it legal to record and use those recordings as evidence if you reasonably believe the recording will allow you to collect evidence of domestic violence, extortion, kidnapping, bribery, or any felony involving violence against you, including telephone or internet harassment (PC 653m). PC 653m(e) states that if someone such as your employer knowingly allows a third party to use their telephones or computer systems to harass you, then they have likewise violated PC 653m.
What about recording NOT in secret? If I start my recording with "I am recording you right now and letting you know. Please tell me if you do not consent!" I had one of bosses approach me and start falsely accusing me with very angry voice of something I didn't do. Believe me, false allegations are quiet intimidating. I felt harassed. And I didn't want to argue. I wish I could say "Ok. I hear you. Could you please repeat this again while I record you?" And then I would record her accusations and screaming and feel safe aftewards.
This varies by state law. There are one-party and two-party consent laws. California is a two party consent state, so this information pertains mostly to two party consent laws. One party consent requires the consent of one party, which could be the person recording it.
I'm a checker (cashier) at a well know Grocery chain in Central California. I have been employed for a month. During this time the Lead checker and specifically the Manager goes out of her way to bully me in front of customers. It's gotten so bad I have left work in tears. I'm wondering if recording while I'm at the check stand would be okay since this is were the abuse it taking place.
I'm an employer. I've had problems with individuals treating other individuals poorly in the work place. It is an open environment (open windows and doors to kitchen areas and open seating in public venue). Would it be legal to audio record open air situations (non closed door situations) where there is employee verses employee interaction as well as customer and employee interaction? I'm in California. By my limited perspective, there doesn't seem to be any reasonable expectation of confidentiality within the context of these areas, whispering not withstanding, which would not be audible anyway.
In CO you can record as long as 1 person consent. That is the best and smartest was to do. I would record and get an attorney to listen to it. Plus always note time and date.
I’m in Maryland, I recorded 3 office staff employees of my apartment complex leasing office last week because I’m having major security issues where we live about 2 tenants that live here with rape and child sex convictions and I wanted to know how it was possible when they gave me a hard time for a reckless driving ticket in my past. The conversation took place in a huge area that was wide open to the public, staff kept coming and going and joining the convention. The tape is about 20 minutes I really hope its useable for accountable so I can break my lease early and not have to pay any extra fees
In the state of Nevada and Arizona,b you can as long as the recording device is always in your possession. You can't hide it in a room and retrieve it later. One party has to have concent and that party can be you.
In South Africa, the interception of communication is regulated by the _Regulation of Interception of Communications and Provision of Communication-Related Information Act_ of 2002 otherwise known as RICA and in terms of the Act, generally, no person may record a conversation without consent. However, the Act sets out the following exceptions to the rule: *you are a party to the conversation *you have the prior written consent of at least one of the parties to the conversation; or the conversation relates to, or occurs in the course of, the carrying on of your business Section 35(5) of The Constitution protects us but only to a point, it provides that evidence obtained in a manner which violates any right should be excluded if it will render the trial unfair or if it will be detrimental to the administration of justice. In simple terms, even if a recording is unlawfully obtained, it may still be used as evidence if to the interests of justice. One of the RICA exceptions relate to the carrying on of your business, with regard to laptops, emails, cellphones issued to employees by employers; how much of communications privacy would these employees have? Could employers use the employees private or even business-related conversations as evidence? _Protea Technology v Wainer 1997 (9) BCLR 1225 (W)_ asked the same question. In this case, the respondents argued that the transcripts of telephone calls recorded by a surveillance device were inadmissible. It was held that in respect of telephonic conversations pertaining to the employer’s affairs and at the employer’s business, there was no legitimate expectation of privacy and the employer was entitled to access such conversations. Simply put, you cannot have reasonable expectation of privacy when using work communication tools and same communication could be admissible as evidence in legal proceedings. _S v Kidson 1999 (1) SACR 338 (W)_ demonstrates that the RICA exceptions to consent where the recording person was party to the conversation. In this case, an accomplice to a murder was given a voice-activated tape recorder by the police. He carried it in his jacket pocket and used it to record a conversation with the accused. The conversation detailed the planning and execution of the murder. The court was tasked with determining the admissibility of the recordings and distinguished between ‘third party monitoring’ (a conversation by another person), and participant monitoring (a conversation with a person). The court confirmed that the interception of a telephone call to which one is a party does not constitute “third party monitoring” as it would be flawed to say that one is eavesdropping on one’s own conversation. Third party monitoring would only occur in cases where, the recording person is not a party to the conversation for example, if he is eavesdropping from across the room, or listening in through a phone tap. *In simple terms, a person who is party to a meeting, conversation or even a disciplinary hearing can legally record the proceedings, even without the consent of other present parties as it is regarded as participant monitoring and same would be admissible as evidence* All in all, it would appear that recording in South Africa is indeed legal, even without the knowledge of the second party, assuming that you are party to the conversation.
Doesn't feel right to not be able to record a conversation in a bosses office or conference room, HR involved or not, especially in situation where you may feel threatened. I do wonder if you may be able to ask for permission and/or If you have the right to demand to be able to record before a conversation starts? For example; Boss: Where going to have a meeting with HR. Employee: okay, what about? Boss: You'll find out. Employee: Okay, but I plan to record the conversation. ... Does the employee have the right to record or no? and why?
Need to knjow if it's ok for my boss to listen in on and record my conversations at work. I'm a bartender. But I've never agreed to or signed anything regarding this subject.
That is probably legal. If you're clocked in and working, your boss can probably record and watch you however he wants (except for in the bathroom). But check your state's laws on point.
Branigan Robertson Thank you very much for replying and any clarification. My boss cuts various corners. Refuses to pay overtime for hourly workers. He deducts taxes from our paychecks without a pay stub. In L.A. Ca.
Gregory...there is video and audio surveillance throughout my place of employment. This is a restaurant/bar. This might backfire on my employer for a discrimination lawsuit. You can actually see/hear the hostile environment.
What if in an evaluation, you record the manager lying on you and then the manager submits the documented lies of your performance evaluation HR as evidence to terminate your employment. In court, can you introduce the recorded conversation as evidence to show that your manager lied to HR. Is it still considered confidential when it goes to a federal court ?
If the manager is lying on you, you probably have a case for battery and sexual harassment! 😄 Okay, I guess you meant he's lying _about_ you. But seriously, if the manager submits his lies in written form to HR, then why would you need to record his spoken lies in the first place?
What if your boss has spread lies about you, and has been with the company for years and highly respected. Your recording is your only proof of what the boss has put you through.
Hmm, my wife's shift lead is voice recording everyone at work. They all work in an open room area and they all talk amongst each other. Sounds like the law protects the shift lead in this case. Shift lead has been using the recordings as evidence of the workers threatening and harassing the shift lead, which isnt true. But the truth does matter because everyone now knows HR and the Owners take the side of the shift lead no matter what.
Seems to me that there ought to be an exception for when the communication itself is a crime or tort against the person doing the recording. Not to allow the victim to record his or her own victimization is fundamentally unjust. It literally elevates the rights of the criminal or tortfeasor over that of the innocent victim.
So some people record as a habit as an accommodation to hearing or even gaslighting attacks ("you didn't say that, are you deaf?"). What if that's kept private and you write a journal entry at home about the conversation and just safekeep it? I assume the lawyer would just recommend keeping the journal transcription since it sidesteps it but simply gets the 5th for you or admits it's existence under special circumstances and allows the judge to determine admissibility.
In Washington, there is another exception where if you are being threatened or someone or making an unlawful request, you can record. Does CA not have a similar exception? What other states do not?
Honestly those privacy laws are there to help oppress the working class by allowing employers and business owners to make threats and bully their employees without fear of legal repercussions.
Do companies need to disclose to employees of workplace surveillance in California? I work at a company that has no cameras, until recently they started using trail cameras place around the construction yard. None of us were notified and there are no signs. Most of us don’t even know they exist.
I need help. I work at LAX on government property and today my boss was handing out memos stating that we cannot record public servants at work. I know that we can record public servants in a public area. my question is can my employer enforce not to record public servants at work?
What if you were called into an office meeting with HR and a where a manager accused an employee of stealing checks and you believed you may be arrested?
Great question. I don't know why the law is this way. I don't like it. But there are exceptions. For example, I believe it's allowed when the recording is made to document a felony.
Hey love your content! I’m an employee at Amazon and it’s super helpful to know how to express complaints while minimizing the potential of retaliation. I’m trying to reframe how I see issues by asking “what would a jury think about this”. Anyway I got a question 👇 Is it legal to have a sign at the entrance of your office saying that you are being recorded and record all conversations that happen in your office?
You're wrong. It's not illegal for an employee to record their boss, coworkers, or customers at work. And it's especially not illegal to record them while they are violating federal EEOC employment laws. It's perfectly legal for an employee to record their entire 8 hour shift for their own safety (examples; food servers, cab drivers, doordash drivers, fast food workers, etc). Some Federal employment laws are crimes and felonies. It's legal to record any civil offense or criminal offense in every State including California. Recordings can also be used in court. In fact, having recorded evidence is how people win their cases. What do you think bodycams, dashcams and the cell phone recording feature were made for? They were manufactured to produce recorded date and time stamped evidence for court.
HR here. We have been asked by a vendor we use and do exclusive work for to have our technicians use glasses to have recording and audio capabilities. The technician will be able to talk to a support agent that that can work them through machinery they are trouble shooting. What should I be concerned about here? Can I create a policy that discusses the proper use of this tool and consequences for improper use?
What if you have video footage of an incident from the workplace security cameras? That should be legal because everything is being recorded anyways except for voices or noises.
@@braniganrobertsonlaw If someone is commiting a crime against you and it's ok to film them doing so, then is it ok to film them in anticipation of a crime? For example if someone was harassing you or provoking you (which in washington state is a crime in itself called fighting) that you record in hopes to get that evidence even if they don't choose to harass you at that time?
Can you talk about taking pics of documents? like you suspect they are preparing to fire you. You walk into your CEOs office (door always left open when she/he isn’t there) and look at the folders readily sitting on the desk. And take pics with your cell phone.
HR was recording our closed door meetings with them and taking it back to the GM to play for him. We didn’t know we were being recorded. What, if anything, can be done?
So if it's a recording that is evidence of a crime the person you recorded murdering someone should go into prision... They get a get out of jail free card because you broke the law recording them?
Not workplace related, but what about in cases where a customer service call is being "monitored for quality assurance". Does continuing on the line mean both parties are consenting to being recorded? Do you have a duty to inform the company if you wish to record the conversation on your end?
Yes. Anytime "call is monitored for quality assurance", YOU the customer have the right to record as well. A bud of mine sells on Ebay and records the conversation with Ebay CS, esp. the Tier 1 CS. He has a 100% feedback because he records the conversation with the first CS agent. If the first CS agent says the case is closed in your favor, he plays it back to the escalation dept. so it will be easier.
In Monterey County, California, if you're meeting with human resources and you pull out your recording device and announce to everyone in the meeting that you're recording, that's legal right?
So if my boss calls my work phone while I'm at home and I say, "oh sorry, I'm washing dishes and have you on speaker phone" then rhe boss knows the conversation could be overheard correct? Is this a stretch?
With the whole remote situation the majority of us are working in- what about slack communications and/or zoom calls where the parties are in different states. With one state being a One party consent state? Thanks
What if for example, I’m a landscaper in California and I’m in a clients backyard the client comes out one day and says, “hey I checked the recording and saw you didn’t take those leaves over there last week what gives?” And I didn’t give consent is he allowed to do that?
Obviously he can! You’re on his property! You rarely need anybody’s consent to film them while they’re on your property. Especially if you’re in his backyard. However, it would be a different story if he said “hey I checked the recording and saw you didn’t flush that giant dump you took in my bathroom last week, what gives?”
Our california business office accepts drop offs from and sells electronics to a public. Can video and audio be recorded? And do the warning signs act as consent?
What about incidental recordings captured on my dashcam while driving and speaking with a business that was most disagreeable? Would I be ok legally and in civil court if I posted it on RU-vid? If not, I assume I can transcribe it verbatim and post that, right?
What if a journalist conducts a recorded interview where both parties were aware. Although there was no verbal consent, the interviewee fully engages knowing it is being taped. Can the interviewee sue AFTER the interview is in print as he never gave verbal consent?
Anyone can sue anyone for anything. The question is not can the interviewee sue, its whether or not the lawsuit will stick. In this situation (under CA law), if there is good evidence that everyone knew the recording was taking place, then it is unlikely the evidence will be excluded from court.
An employee approached my office and video tape me, so I reported incident to upper management. My boss reviewed cameras and it shows employee pulling phone out of his pocket and turning on the camera and then walking over to my office. Is that a form of harassment? He asked a question and I responded “I don’t know” then he pulled out phone and started video taping me.
B-4 cellphones: photographed manager's desk - conplete chaos; constantly harassed me for not reminding of manager's responsibility to manage work/billing. Photographed mountain of cigarette butts under stairwell - owner's policy no smoking. Co-workers agreed to testify manager sleeps on the job. Accepted a different job paying 6X pension accruement. Manager dies 2 yr later. 23yr ago Retired 18 yr ago hah, hah, hah
My coworker's are using cellphone spyware to stalk coworker's in the work place...is it illegal to do that, an when they get something good they harass that person making a hostile work environment?????
And how come when you go to hearings in private lawyer office and they have cameras, videos pointing at your face, and they never asked you consent. How can you explain that and this happened here in California.
If you were served with a deposition notice to give testimony under oath in a lawsuit then the lawyer who served the notice has every right to record your statements. A deposition is a court proceeding - even when it takes place at a lawyers office. My video was about secret recordings at work.
@@braniganrobertsonlaw Even when the person giving testimony is the plaintiff? Recording, yes, But why they need to film putting a camera right in the face of the plaintiff, and the camera does not even aims the plaintiffs lawyer and other people present around the table. Strange. Why they need to film, do they think the plantiff is not the real person or could be somebody else? And this is not a criminal case, It's a civil case. If they have right to film the plaintiff, then the plaintiff should film them too.
I would like to record [camera] a harassment situation at work. I'm in Wisconsin and am not sure if it is allowed. Can anyone point me in the right direction to find what is admissible? Thank you.
In California, is it legal to record someone without their consent if you are in a condo unit walking around? I know someone is recording me and my pet when we walk around our condo unit.
What about the sales/retail/cashier area? I've had a few customer complaints by email about a certain employee, when they've worked alone in the shop(I have a Small business that only requires 1 employee at certain periods during the fall/winter). Ive also had 2 Biz reviews saying customers walked out because of that employees attitude, and leaving me thinking i have lost revenue. Can i record audio in the cashier area sales/retail floor to corroborate the customers statements?
Generally, companies are allow to record their employees so long as they give notice to their workforce that recording equipment is being used. So yes, you can record your business to make sure things are done according to your wishes. But you can't record people in restrooms or other private areas (obviously), and you need to give them notice.
When your boss claims video is directly over your work station for your saftey but using it to spy on their employees. Target any employee who has turned in a doctors note and go so as far as to admitting on a recording phone line that said they were diging through the trash to see what your throwing away. Yes or no. Any legal issues. One employee was let for for asking for an ada accomidation, one was told fmla was denied tell he said im seeking legal advice. Two new employees were given shift picks over two senior employees both with medical notes on file open full available post that could have accomidated them a paper trail and the both emp were told by sup they are use to working certian hours so it was given to new employees
Can you record in a courthouse building inside the halls, clerk desk, cashier areas or any other areas except inside the court room without Judge permission? In California.
My experience says no. I doubt that it's "illegal" under the statute, however, most courthouses bar it. It's always wise to follow the rules in a courthouse.
@@braniganrobertsonlaw Thanks for the feedback. Seems it's harder then I thought. Was thinking it was "black & white". Wonder why have "laws" when "rules" seems to over power the "law".
U could record the building from the outside. If u standing on the public sidewak u can record the building. Just how people take photos of the white house from the public sidewalk. U can actually go in the police station and record but u cant go into areas where u are not allowed. 1st admin
Awesome video thank you. What is the best way to notify employees that it is illegal? Where I work several of my coworkers record others all the time and laugh about it share the recordings. Creates malicious gossip and toxic environment and management does nothing. It is horrible.
So I had a conversation with my boss about being mistreated by a co-worker after our conversations he said he recorded our conversations can he do that?
It sounds like you didn't know he recorded which implies that you could not have possibly consented to it. My guess is that he has an illegal recording.
By law no one can record you without your consent. It is against the Law for anyone to record you. The only time you may want to record someone is if they are threatening you in any way or form.
HR is not to protect its workers. HR is to protect the employer. So it is likely that HR will use whatever you submit to them as “evidence” intended to support you … it is very likely to be Used against you. Specifically in CA under penal code it is illegal to record someone’s conversation without your both consent. See video for exact penal code. Underneath the words say (Crime) Sad you are being bullied but fact bullying is not illegal in workplace. Harassing someone under a protected class however is illegal.
