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Lawyers, paralegals: Are employers allowed to participate in clandestine recording of conversation?
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Slp     Reply with quote
Okay so here is the deal. l live in Vermont. several years ago l was working for a Mobil Station. l kind of thought that it was weird that they always ( manager) seemed to know what l was talking about. l found it kind of hard to believe that every person l 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. l am not overly paranoid.
Anyways one night l looked up and there was this thing on the ceiling l hit it with the broom and for some reason l could hear it resonate in the office ( to which the door was closed and locked) l worked nights. l found out it was an ''audio'' or recording device. l 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 l asking now? Because l feel that it may be going on again at a different place that l work. quite frankly if it is illegal ( which l think it should be l would like to set out to prove it and then do something to try to rectify it. l do not wanna be in that type of situation. This is in Vermont l realize the laws differ from State to State.
Dont     Reply with quote
If you are on the company is clock and being paid, you have no expectation that you can do anything other than work.

If you do not like the rules at your company, there is legal recourse, find a new job.

Sorry.
Emilio     Reply with quote
They sure can-find a diffrent job
Strong     Reply with quote
Nothing illegal about employer recording at the work place.
Coach     Reply with quote
When u r on an employer is property, u r not in a 'public place' u on r private property - their property. They can record u on their property - ur reasonable expectation of p privacy at a workplace is limited to bathrooms/changing areas.

And ur entire assertion is incorrect - u have no reasonable expectation of privacy in a public place. When u r in public u r in public. You r likely recorded dozens of times by security & traffic cameras, & when u r shopping u r likely recorded by security systems. Web sites track ur internet use & marketers collect ur purchasing data. People can even go through ur trash if u leave it in a public space (like the curb) so ur private life is not as private as u might think.

While l suspect u do not have a case, u should take ur complaint to the Vermot ACLU (they have a web site) & follow their complaint procedures & read up on what ur actual rights may or may not be.
Kim     Reply with quote
Here r some good resources:

http://bna.com/bnabooks/ababna/tech/2004/dexter-stewart.pdf
and
http://rcfp.org/taping/

Most of what the others said is correct EXCEPT audio conversations cannot usually be recorded (employers can videotape u WITHOUT sound).

But this is what the second website says:

There is no legislation specifically addressing interception of communications in Vermont, but the state is highest court has held that surreptitious electronic monitoring of communications in a person is 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 is 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 & ears of passersby.'' Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).
Lostyo     Reply with quote
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, ur employer can certainly tape any & all activity at work & be legal by ur state standards.

In addition, all convenience stations have security systems like that in place, & it would be considered normal practice to record the activities around the cash register. You as an employee should expect that & would not have an innate right to privacy while handling someone else is money.
Bobyer     Reply with quote
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