QUESTION

Can an employee record using their cellular phone another employee without their knowledge and recording then taken to employer.

Asked on Sep 22nd, 2016 on Wrongful Termination - North Carolina
More details to this question:
I was recorded on the job by a new hire he used his cell phone to record our conversation. I was not made aware that he was doing this. He then took it to our employer whom also did not make me aware of the incident. I worked one more night for this employer then was fired. I let employer know that I was not ok with how what had happened, and he basically told me that i did not need to give consent or even knowledge of being recorded. Is he right, did he have the right to allow another employee to do this and following terminate me. Terminating me was not the first outcome he was going to give me a warning write up because of video he supposedly watched on my last night on the job, which I did not get proper training for. He asked me a ? regarding what would help me to do my job more efficiently and when I answered his ? he told me it was not going to work out that he had to terminate me. Now he says to not expect my unemployment to go through I wont Qualify.
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
Yes, the other employee can record you and can give that recording to the employer.  You should file for unemployment regardless of what he said.  The government decides whether or not you get unemployment; not the employer.
Answered on Sep 25th, 2016 at 1:27 PM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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