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Recording a conversation

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pscott413

Junior Member
What is the name of your state? California

I am an employer and have a question on the appropriate (and legal) way to address a situation. The company I work for has a home office in California, but operates facilities in other states. The situation I am describing happened in a facility in Illinois.

I have an employee that has been tape recording conversations that her manager has been having. These conversations are then being forwarded through a confidential hotline to our corporate offices. The person that is being taped was not aware of the taping.

I understand that it is illegal to tape someone. The recorded messages do contain some conversations that potentially violate some company policies, but were recorded illegally. The employee that is recording their manager is on several corrective action steps, but is now using these tapes to claim harrassment. My question is this: Is it legal to terminate this employee for violating a law by taping her manager? How should these tapes be addressed with the employee, or should they be addressed at all?

Any help would be appreciated.
 


cbg

I'm a Northern Girl
Illinois, like California and ten other states, requires that all parties to a conversation be aware and give consent to the taping before it can take place. So yes, the taping was illegal.

What many employees consider harassment, isn't. But you have not provided enough information to say whether or not the employee has a legitimate case for harassment. (The odds say she doesn't.)

You MAY legally term the employee for taping her manager illegally. Whether or not this would be wise, would depend on what policies were being violated and whether or not she has a legitimate case for harassment.

Someone can give you more information if you want to provide some additional details.
 

pscott413

Junior Member
Well, she could probably somewhat work a case, but from my perspective her manager has been copiously following up with her, micromanaging her performance as there are issues there.

The conversation that was taped has her manager on the phone with someone talking at great length about the corrective action that this employee is on. The conversation could be deemed as a violation of confidentiality, as corrective action should not be discussed with anyone, inside our outside the company (unless it is with HR or other approved source).
 

Beth3

Senior Member
Is it legal to terminate this employee for violating a law by taping her manager? In theory, yes. Regardless of whether State law allows someone to tape a conversation without the other party's consent, the employer certainly may object to an employee doing this without the permission of management. (By the way, Illinois law prohibits this: 720 Ill. Compiled Stat. Ann. 5/14-1, -2: An eavesdropping device cannot be used to record or overhear a conversation without the consent of all parties to the conversation under criminal statutes. An eavesdropping device is anything used to hear or record a conversation, whether the conversation is in person or conducted by any means other than face-to-face conversation, such as a telephone conversation.

In addition, it is criminally punishable to disclose information one knows or should know was obtained through an eavesdropping device. Offenses of the eavesdropping law are punishable as felonies, with first offenses categorized as lesser felonies than subsequent offenses. 720 Ill. Compiled Stat. Ann. 5/14-4. Civil liability for actual and punitive damages is authorized as well. 720 Ill. Compiled Stat. Ann. 5/14-6.


How should these tapes be addressed with the employee, or should they be addressed at all? You need to talk to an employment law attorney before doing anything. This employee is claiming the manager is harassing her so you need expert legal advice before proceeding. There are "landmines" all over this one.
 

cbg

I'm a Northern Girl
The only information that an employer is required by law to keep confidential, is any medical information they may have. While your policy is laudable and I wish more companies kept such information confidential, no laws have been violated. Nor does micromanaging her constitute illegal harassment unless it is BECAUSE OF her race, religion, national origin etc.

It doesn't sound as if the employee is going to have any legitimate harassment case. However, I agree with Beth that you should put ALL the facts in front of an employment attorney before you take any action.
 

Beth3

Senior Member
Yep, micromanaging is NOT prohibited harassment. The question is whether the employee thinks she is complaining about prohibited harassment, in which case that puts a different spin on it. If you term her for the illegal taping, she might try and parlay that into a retaliation claim.

What I want to tell you is to fire her a** immediately - she sounds like a real piece of work - but I do think you would be very well advised to consult with an employment law attorney before you do. Better safe than sorry.
 

pscott413

Junior Member
This definitely was initiated by her once the corrective action got so advanced that her job came into question. As far as termination goes, in my opinion, she definitely deserves to go, just on performance alone.. even if we took the illegal taping out of it.

I have an appointment with an Employment Lawyer later today based on your advice.

Do we as the employer have any obligation to report the tapings since we have knowledge that they happened, and that they have been shared.?
 

Beth3

Senior Member
Do we as the employer have any obligation to report the tapings since we have knowledge that they happened, and that they have been shared.? I doubt it but you can ask the attorney about that. You certainly can voluntarily report her to the district attorney for illegal wiretapping though. :D
 

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