Secretly recorded at work

jd1208
jd1208 Posts: 81 Member
in Chit-Chat
I have recently found out that a colleague of mine has been secretly recording my conversations for months. Ever since I told him that I found something he said to me upsetting.

I didn't formally complain about him or anything, just let him know that it upset me. Since then I have apparently said something that upset him and he came in one day (TWO WEEKS LATER) after I had forgotten all about it and started shouting at me and telling me he had recorded our conversation.

I remember the conversation well, and I am pretty sure I didn't say anything terrible, but what I did say was taken a bit out of context and blown out of proportion. But now I feel really crappy and am worrying about all the things I might have said even though I can't imagine I would have said anything terrible. I don't think anything terrible about him anyway.

Anyway, is he even allowed to secretly tape conversations we have together?
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Replies

  • besaro
    besaro Posts: 1,858 Member
    creepy and quite possibly illegal, check your state.
  • RosieB405
    RosieB405 Posts: 150 Member
    That depends. Talking in a public place means there is not expectation of privacy.
  • SmartAlec03211988
    SmartAlec03211988 Posts: 1,896 Member
    I'm pretty sure recording people without their consent is illegal. Might want to check on that.
  • KarenJanine
    KarenJanine Posts: 3,497 Member
    Most definitely not. That would be grounds for a bullying & harassment case.
  • JGonzo82
    JGonzo82 Posts: 167 Member
    Legality depends on where you live - where I live, as long as at least 1 of the parties is aware that the conversation is being recorded, it's legal (in other states, all parties have to be aware that they are being recorded). Also where the conversations took place (reasonable expectation of privacy etc). Sounds more like you need to be talking to HR.
  • srslybritt
    srslybritt Posts: 1,618 Member
    Illegal to tape someone without their knowledge unless someone feels threatened going into it (i.e. a sting operation where the informant could die).

    Bring that to HR. Now.

    ETA: Check your state for the specific law, but what your coworker is doing is retaliation for you letting them know they rubbed you the wrong way. In the future, I would bring complaints like that to your boss instead of trying to handle it on your own.
  • EmmieBaby
    EmmieBaby Posts: 1,235 Member
    Speak to HR about that, if he recorded you in the office its illegal without your knowledge
  • runner475
    runner475 Posts: 1,236 Member
    If NSA can do it and so far has gotten away with it, why not he?

    Also if he feels his life is in "danger" his rights kick in to protect himself. One of the rights is to gather evidence. But he should have let you know.

    Also I agree talk to HR as everyone suggested but then HR would like to listen to the tape conversation.
  • ironanimal
    ironanimal Posts: 5,922 Member
    People displaying psychopathic tendencies are always fun to deal with. Good luck to you.
  • RunsOnEspresso
    RunsOnEspresso Posts: 3,218 Member
    Legality depends on where you live - where I live, as long as at least 1 of the parties is aware that the conversation is being recorded, it's legal (in other states, all parties have to be aware that they are being recorded). Also where the conversations took place (reasonable expectation of privacy etc). Sounds more like you need to be talking to HR.

    All of this. I know a few states where only one party needs to be aware. Even if it's not illegal in your state I would contact HR.
  • FP4HSharon
    FP4HSharon Posts: 664 Member
    WA, if your profile is accurate, is a two (or all) party consent state. Which means someone can only record if they let everyone know they're being recorded and they consent. So you could file criminal charges against him, IF he really recorded your conversations....he may just have been saying that and really didn't do it. If you aren't in the habit of saying things that could get you fired, then I'd call his bluff. Maybe have someone with you that could be a witness and get him to repeat that he recorded you, THEN let him know it's illegal and you could file charges.

    http://www.dmlp.org/legal-guide/washington/washington-recording-law
  • jasonmh630
    jasonmh630 Posts: 2,850 Member
    That depends. Talking in a public place means there is not expectation of privacy.

    But, recording the conversation could still be illegal depending on the state.

    In Alabama, the person recording something like a phone call or face to face interaction has to have consent from the other party involved.
  • HarleyQuinn26
    HarleyQuinn26 Posts: 158 Member
    From what I read the one party law applied if the person recording was in the conversation.

    If the person recording is not in the conversation then yes it is illegal.
  • 1shauna1
    1shauna1 Posts: 993 Member
    Legal or no, I would take it to your boss. I don't think it's appropriate for the work place, unless you work for the FBI or something.
  • 126siany
    126siany Posts: 1,386 Member
    Report it to HR. I really don't understand why you didn't do that the first time.
  • SingRunTing
    SingRunTing Posts: 2,604 Member
    Regardless of whether it's legal or not, recording your conversations at work is creating a hostile work environment. Talk to HR.

    (Of course, if you are supposed to be recorded at work, like a customer service rep on the phone, then it's not. I'm assuming this isn't that type of case.)
  • Cranquistador
    Cranquistador Posts: 39,744 Member
    People displaying psychopathic tendencies are always fun to deal with. Good luck to you.
    ^this.

    Ugh.
  • JG762
    JG762 Posts: 571 Member
    It's pretty much legal to record anyone in any setting IF you're a party to and or and active participant in that conversation and the recording is for personal use. Obviously this is going to vary somewhat state to state and country to country etc.
    With that being said most employers have a rule against recording anything in a workplace setting, start with your employee handbook and see if it's outlined there, if not send a written request to HR and request a written response from them on the subject.
    If it ain't in writing it doesn't mean anything....


    (I'm betting that you work with a bunch of engineers don't you? LoL)
  • likitisplit
    likitisplit Posts: 9,420 Member
    Take it to HR. That's not professional behavior.
  • delicious_cocktail
    delicious_cocktail Posts: 5,797 Member
    Illegal to tape someone without their knowledge unless someone feels threatened going into it (i.e. a sting operation where the informant could die).

    Bring that to HR. Now.

    ETA: Check your state for the specific law, but what your coworker is doing is retaliation for you letting them know they rubbed you the wrong way. In the future, I would bring complaints like that to your boss instead of trying to handle it on your own.

    Excellent legal advice.
    :laugh:



    ETA: Dang, a lot of casual lawyers in this thread with pretty specific ideas.
  • Monkey_Business
    Monkey_Business Posts: 1,800 Member
    Take this to HR immediately.

    It may not be illegal for your area, but I am sure that the company will have a policy for this.

    It can be considered a hostile work environment, which places a liability onto the company.
  • srslybritt
    srslybritt Posts: 1,618 Member
    Also, most companies have a policy against recording work-related conversation due to company privileged information.

    Again. Needs to go to HR.
  • JG762
    JG762 Posts: 571 Member
    Regardless of whether it's legal or not, recording your conversations at work is creating a hostile work environment. Talk to HR.


    What's hostile about it?
    That's just another catch phrase that people want to use as some sort of a veiled threat, SMH.
  • GallifreyanGirl396
    GallifreyanGirl396 Posts: 76 Member
    Creepy. Surely this guy has something better to do than listen to your conversations then whine about them? I would tell HR if for no better reason than I wouldn't feel safe around him.
  • No_Finish_Line
    No_Finish_Line Posts: 3,661 Member
    think its state to state, some you need thier consent, some you may not


    would also bring it up to HR (assuming you didn't say anything terrible that is lol)
  • srslybritt
    srslybritt Posts: 1,618 Member
    Illegal to tape someone without their knowledge unless someone feels threatened going into it (i.e. a sting operation where the informant could die).

    Bring that to HR. Now.

    ETA: Check your state for the specific law, but what your coworker is doing is retaliation for you letting them know they rubbed you the wrong way. In the future, I would bring complaints like that to your boss instead of trying to handle it on your own.

    Excellent legal advice.
    :laugh:



    ETA: Dang, a lot of casual lawyers in this thread with pretty specific ideas.

    Thank... you?

    :flowerforyou:

    ETA because I missed the ETA: I'm a law student...?
  • Timshel_
    Timshel_ Posts: 22,834 Member
    Most definitely not. That would be grounds for a bullying & harassment case.

    Exactly. Got to HR and get it on record what is going on.
  • shadowofender
    shadowofender Posts: 786 Member
    I'm pretty sure recording people without their consent is illegal. Might want to check on that.

    In my state you have to inform people you're recording them.
  • MKEgal
    MKEgal Posts: 3,250 Member
    People displaying psychopathic tendencies are always fun to deal with
    That made me LOL.
    If NSA can do it and so far has gotten away with it, why not he?
    Because there are rules for the subjects, and no rules for the rulers.
    Not at all comparable to what she's asking about.
    Also if he feels his life is in "danger" his rights kick in to protect himself. One of the rights is to gather evidence.
    Wow. I really hope you don't carry a gun. Or maybe I do, because you're going to end up in prison with that attitude, and once you're there you can't spread your stupidity.
    You have no concept of self-defense law.
    Having a conversation at work is not imminent danger of death or great bodily harm (unless she said something to the effect of "I'm going to shoot you now"), so self-defense has nothing to do with it.
    That's the standard which has to be met in order for the use of deadly force to be legal. Some states give specific examples of what is legally considered an imminent threat (such as an attempt to break into an occupied house or vehicle).
    And people generally do not gather evidence, police do.
    (ETA: and gathering evidence is not part of self-defense because that has nothing to do with stopping the imminent threat to your life)
    I agree talk to HR as everyone suggested but then HR would like to listen to the tape conversation.
    That's the only thing you've said which makes any sense at all.

    Contact the police first, since he's admitted committing a crime.
    They can contact HR & arrange a meeting with officers, HR, and the criminal present, and probably seize his phone as containing evidence of the crime.
  • JoyeII
    JoyeII Posts: 240 Member
    What state are you in? If you're in a one party state, there's nothing illegal about it. However, if you take it to HR, there could likely be a company policy against it. Don't try to handle it yourself. File a formal complaint with HR.

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