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Audio recording in the workplace

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What is the name of your state (only U.S. law)?
Massachusetts

I asked a question in another thread that pertains to part of the issue I'm having - https://forum.freeadvice.com/civil-rights-discrimination-law-101/ma-wire-tap-laws-501467.html#post2488477

My employer would like all of us to sign this consent form....
"I, the undersigned, hereby give my consent for ******* and their parent and affiliates and any authorized agent or representative/vendor, to take and use any recordings (telephone, photo, video, and/or audio) of me for training purposes and/or for evaluation of performance, including but not limited to the "Mystery Shopper" program. The recordings may be taken at any time with or without notice. I understand I will not be compensated for such recordings. I further understand that any recordings may be displayed or used for training purposes.
I agree that all such recordings shall remain the sole property of ****** and I understand that this consent is perpetual, that I may not revoke it. I represent that I am at least 18 years old and that I have read this consent form and fully understand its contents. "

We have been told that no signs will be posted at the business notifying customers. Since MA is a 2 party consent state some of my co-workers and I have expressed concern about the privacy of our customers, in person or over the telephone. In response to this concern we were told via email "They do not purposely videotape any other customers who may be in the store and edit out interaction with non-employees.".

Under the MA wiretapping law wouldn't it STILL be illegal to
record the customers even if they plan on editing them out after the fact?

While scouring the internet trying to answer this question myself I came across a MA bill -
Senate Bill, No. 1093

Because of this bill can the company do what they are wanting to do? Does this bill over-ride the wiretapping law?

In a recent email demading the consent forms be signed and returned we are being told **************
"Your signature is saying that you are aware that ***** is using telephone/photo/video/audio recording.....even if you disagree you MUST sign the consent again it is just an aknowledgement form making you aware of our policy. Please feel free to attach a seperate sheet if you want to add personal comments but the consent for is Non-Negotiable"

This seems really hinky to my co-workers and myself, the form cleary says "consent" not "aknowledgement"

Any info/advice would be really appriciated.
 


Mass_Shyster

Senior Member
Under the MA wiretapping law wouldn't it STILL be illegal to
record the customers even if they plan on editing them out after the fact?
I believe so. The question is: Who will turn them in if the recordings are destroyed?

This seems really hinky to my co-workers and myself, the form cleary says "consent" not "aknowledgement"

Any info/advice would be really appriciated.
If you want to keep your job, you should sign the consent form.
 
If you want to keep your job, you should sign the consent form.
haha Thanks Steve :)
I care more about what is right and what wrong more than I care about my job.

Companies are getting away with doing stuff like this because its employees are scared of getting fired so they just go along with whatever.....so wrong.
 
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Anyone have any info about this this...besides just signing the consent so I don't lose my job?

If what they want to do is illegal and I refuse to sign the consent based on this and they terminate me for not signing isn't this against some labor law about wrongful termination because it's a violation of public policy?
 

justalayman

Senior Member
. What they are asking (demanding) of you is not illegal. Unless you know they are breaking the law, all you have are assumptions or guesses that what they are doing could be illegal if not done properly. You have no way of knowing or controlling their actions so you do not know they are or will break the law.


anyway, the release: I would never sign it, never, and it has nothing to do with working there. If it was written better so:
1. it would be revocable
2. it limited the recordings and such to work time and on company premises or something similarly restrictive
3. the recordings of telephone calls was restricted to only business related calls


was altered with the release, I don't see a real problem with it.

as it is written, all those listed can video tape you, record you, record your telephone calls anywhere, anytime, forever.

Not saying they would use in other ways or situations they told you, just saying that it does allow them to.
 

ecmst12

Senior Member
You do not stand to get into any trouble for the company possibly recording non-consenting customers. You are only giving your consent for them to record YOU - and they can legally require you to consent if you want to keep your job. You are not being asked to do any of the recording, so in this case, I would advise you to MYOB and don't worry about who ELSE the company may be recording.
 
You do not stand to get into any trouble for the company possibly recording non-consenting customers. You are only giving your consent for them to record YOU - and they can legally require you to consent if you want to keep your job. You are not being asked to do any of the recording, so in this case, I would advise you to MYOB and don't worry about who ELSE the company may be recording.
Yes, after reading responses here I think this is what I'm going to have to do if I want to keep my job......still sucks for the unsuspecting customers though :(
 

Mass_Shyster

Senior Member
. What they are asking (demanding) of you is not illegal. Unless you know they are breaking the law, all you have are assumptions or guesses that what they are doing could be illegal if not done properly. You have no way of knowing or controlling their actions so you do not know they are or will break the law.


anyway, the release: I would never sign it, never, and it has nothing to do with working there. If it was written better so:
I agree you should not sign it in its present form.

I would insert language to allow them to record only matters related to my employment with them, and agree to not revoke it while employed by them.

The current language is way too broad.

Make the changes you feel are necessary, initial the changes, and sign the form.
 
**A: can you provide reasons why your employer would want to audio tape?
It's in my orig. post. It's for (but not limited to) a mystery shopper program, training purposes and/or evaluation of performance.

No matter what it's for audio recording in MA is illegal, there has to be 2 party consent. My customers will not be notified and will not be given the opportunity to give consent when entering the store or calling on the telephone. Definitely illegal in MA. I would not be happy as a customer going into a store that does this.
 

ecmst12

Senior Member
You can ask them to make changes, but they don't have to agree.

If you are foolish enough to make personal calls on your work phone (when just about everyone has a cell phone for that stuff), they absolutely have the right to record/monitor. 99% of the time they won't care, just want to make sure people aren't abusing the phone line or making extended personal calls while on the clock.
 

HomeGuru

Senior Member
It's in my orig. post. It's for (but not limited to) a mystery shopper program, training purposes and/or evaluation of performance.

No matter what it's for audio recording in MA is illegal, there has to be 2 party consent. My customers will not be notified and will not be given the opportunity to give consent when entering the store or calling on the telephone. Definitely illegal in MA. I would not be happy as a customer going into a store that does this.
**A: that's all? I was looking for something more.
 
You can ask them to make changes, but they don't have to agree.

If you are foolish enough to make personal calls on your work phone (when just about everyone has a cell phone for that stuff), they absolutely have the right to record/monitor. 99% of the time they won't care, just want to make sure people aren't abusing the phone line or making extended personal calls while on the clock.
I don't make personal calls from work. They don't have the right in MA to record telephone conversations unless both parties to the call are aware of it.
 
**A: that's all? I was looking for something more.
I'm not sure what you're asking. What more were you looking for?
In MA it's illegal to audio tape someone over the phone or in person which is what they are wanting to do. I do not want to take part in something that is illegal and I also do not want to lose my job. I was wondering if there was something I could do to stop those two things from happening.
I think the other posters answered my question, thanks :)
 

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