Secretly recorded at work

Monkey_Business

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

Also, most companies have a policy against recording work-related conversation due to company privileged information.

Again. Needs to go to HR.

JG762

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

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

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

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_

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

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

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

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.

delicious_cocktail

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...?

Is OP in the UK?

Achrya

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...?

I believe that OP is in the UK . . . .

Her profile says WA, which is indeed a two, or all, party state. To clarify

"Intercepting, recording, or divulging private communication — Consent required — Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation."

tjbish02

Washington is a two party consent state for recording "private" conversations. This means that both parties need to consent to the recording if it is considered a private conversation. There are a few questions that need to be answered to see if a conversation meets the definition of private. However, I would put this in writing and provide it to your HR group. Some Companies do have policies regarding the use of electronic recording devices that may also cover this.

BigDougie1211

I reckon he's bull****ting - call his bluff and break into song everytime you ave to speak to him

delicious_cocktail

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...?

I believe that OP is in the UK . . . .

Her profile says WA, which is indeed a two, or all, party state. To clarify

"Intercepting, recording, or divulging private communication — Consent required — Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation."

There is no Abbey Ward in Washington State and her profile pic is from an Oxford garden party.

Rage_Phish

report to HR > have him fired>possibly press charges

runner475

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.

Get over it.
NSA comment was a sarcasm incase you didn't get it.

I was suggesting all the possible excuses he'll make to justify his craziness. All he has to say "I felt threatened" and 9 out of 10 times it gets down hill from there.

Not my problem you don't understand sarcasm or take everything literally.

End of my comments. I'm out.

Achrya

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...?

I believe that OP is in the UK . . . .

Her profile says WA, which is indeed a two, or all, party state. To clarify

"Intercepting, recording, or divulging private communication — Consent required — Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation."

There is no Abbey Ward in Washington State and her profile pic is from an Oxford garden party.

I have pictures from parties in Canada but I'm not in Canada?

And there is no Abby Ward anywhere that would have a WA qualifier.

likitisplit

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...?

I believe that OP is in the UK . . . .

Her profile says WA, which is indeed a two, or all, party state. To clarify

"Intercepting, recording, or divulging private communication — Consent required — Exceptions.

(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:

(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;

(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged in the conversation."

There is no Abbey Ward in Washington State and her profile pic is from an Oxford garden party.

I have pictures from parties in Canada but I'm not in Canada?

And there is no Abby Ward anywhere that would have a WA qualifier.

Wales? Warrington?

bugaboo_sue

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)

One does not specifically have to say "I'm going to shoot you" in order to create a hostile work environment therefore prompting someone to take action which in this case is the gathering of evidence. As with any workplace situation be it harassment or a hostile work environment it helps the case of the person on the receiving end of said behavior to gather evidence, note dates, times, conversations etc. etc. so that they can have a case against the person who is making them feel uncomfortable.

ETA: Now mind you none of us have any idea WHAT the conversation actually was.