Firing and Recordings

[regaltwo]

This is taking place in North Carolina

I have a series of related questions I hope somebody can help me with.

1. When can an employer video tape an employee? Does it matter that if there was a personal relationship between the two parties involved?

2. Is an office with a door sometimes partly open a public or a private space for the purposes of taping? (my understanding is that this makes a difference.)

3. Can an employer audio tape an employee, or can he only video tape?

4. In the case where a personal relationship between employer and employee has gone bad, involving intimidation and threats, what type of video or audio recording are legal for either party? If the employer made recordings (which he carefully edits) to prove to his wife that there was nothing going on, can the employee produce her own audio recordings proving that there was? Her reason for doing this is because she was fired, and wants her job back, though not the relationship. If she emails a copy of one of the recordings to the employer, and demands her job back, would this be considered blackmail?

 

[Beth3]

1. When can an employer video tape an employee? Anytiime they wish to as long as (a) it's only video and not audio, and (b) the employer does not tape in a location where the employeee has an expectation of privacy, such as the restroom.

Does it matter that if there was a personal relationship between the two parties involved? That would depend on the circumstances.

2. Is an office with a door sometimes partly open a public or a private space for the purposes of taping? (my understanding is that this makes a difference.) Maybe. That would depend on your State's relevant case law and the exact circumstances.

3. Can an employer audio tape an employee, or can he only video tape? That depends on each State's laws on the matter. In North Carolina, one party consent is required. That is, one of the individuals involved in the conversation must consent to the taping.

4. In the case where a personal relationship between employer and employee has gone bad, involving intimidation and threats, what type of video or audio recording are legal for either party? See above. The context doesn't matter.

If the employer made recordings (which he carefully edits) to prove to his wife that there was nothing going on, can the employee produce her own audio recordings proving that there was? That would be legal in your State.

Her reason for doing this is because she was fired, and wants her job back, though not the relationship. If she emails a copy of one of the recordings to the employer, and demands her job back, would this be considered blackmail? Sounds like it. The implication certainly would be "Give me my job back or your wife and others will receive a copy of the tapes."

So I take it you and the boss had a consensual affair and it's ended badly? I don't see that there's anything for you to gain by making an ugly situation even uglier. This is just my two cents but you can either go for revenge and continue to wallow in a nasty situation or decide it was a very unpleasant learning experience that never should have happened and move on. When one has an affair with their married boss, there's really no place for it to go but ugly.