QUESTION

Is it legal for the manager to record conversations in an office?

Asked on Apr 08th, 2012 on Labor and Employment - Florida
More details to this question:
Is it legal for our store manager to record conversations in an office we all share? We feel like it is hidden some where in the office due to the fact that certain conversations have been brought up that had been discussed among the assistants only!
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3 ANSWERS

Personal Injury Attorney serving Homestead, FL at Abramson & Magidson, P.A.
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Issue is whether you and your co employees might reasonably expect your conversations to be recorder. Normally the employer should provide advance notice but he might not have to if these conversations are held on the employer's premises and could be employment related speech or discussions regarding work. Is the Surveillance Legal? Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C.A. ?? 2510-2520) generally provides that any person whose communication is intercepted, disclosed, or intentionally used can file a civil lawsuit. Many states have adopted the federal law, and some states provide greater protection. Under most communication interception statutes, a two-step analysis is used to determine whether surveillance is legal. First, a court must examine the statute to determine whether the communication at issue falls within the scope of the statute. If so, the court then examines whether an exception might apply. A two-step analysis is used to determine whether surveillance is legal. First, a court must examine the statute to determine whether the communication at issue falls within the scope of the statute. If so, the court then examines whether an exception might apply.In the first step, the most common issue is whether a conversation is private; most statutes only cover confidential or private communication. A general rule is that if the people engaged in the conversation can reasonably expect their conversation to remain private, then the statute protects that conversation. Courts normally consider telephone conversations to be private. Some exceptions include fellow members of a family listening by picking up an extension in the same house, and an employee using a work telephone to make a personal call.
Answered on Apr 16th, 2012 at 2:07 PM

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Probate & Trust Attorney serving Fort Lauderdale, FL at Robert J. Slotkin
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It is illegal to tape record a conversation without the other person's knowledge. On the other hand, it is not illegal to eavesdrop.
Answered on Apr 10th, 2012 at 4:37 PM

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Not if you haven't given permission. Recording conversations without someone's knowledge is a felony in Florida.
Answered on Apr 10th, 2012 at 1:16 PM

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