QUESTION
I secretly recorded a co worker, am I in trouble?
Asked on Apr 01st, 2016 on Discrimination - California
More details to this question:
I have been working alone with a male co worker who cannot go more than 5 minutes without cursing every day. He also likes to look at inappropriate images of women on his computer. As a women, this makes me very uncomfortable. I reported it to my boss who said he could not comment as he had not seen the images. I resorted to taking pictures and making audio recordings of my colleague so I could present them as evidence to my boss. Now HR is saying that I may be in trouble for making the recordings without the other person's consent. It does not seem fair when I am the one dealing with a hostile work environment as a result of my colleague's actions. Can I be fired or prosecuted for the pictures and recordings?
1 ANSWER
Discrimination Attorney serving Westlake Village, CA
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Law Offices of Stephan Math
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Under Penal Code § 632(c), “confidential communication” includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.
Much depends on the circumstances as described above..the question really is whether the individual had a reasonable expectation of privacy with respect to the conversation that was recorded. Stephan Math Esq.
Answered on Apr 01st, 2016 at 10:45 AM