Recording coworkers

[Jojo75]

This happened at a doctor's office in Georgia.
Basically long story short, the physician's assistant recorded a conversation with me that he had initiated about the owner of the doctors office. I was mad about being jipped on my vacation time. I didn't say anything that I wouldn't had said to the owner if he had made time to talk to me. Later on, I find out that the physician assistant has been recording conversations throughout the doctors office without anyone's knowledge. He sent them all to the owner who then used it to threaten all our jobs if it happened again. Is this legal?

 

[justalayman]

Georgia is one party state which means as long as at least one party of a conversation permits it to be recorded it is legal


if he is recording conversations he is not a party to he would need at least on of the parties in the conversation to give him permission



Regardless of that, I would think a discussion with the office manager would be appropriate. Legal or not it is not something that I would tolerate.

 

[Jojo75]

The owner was the one who received the messages from the PA. He would not let us listen to the messages because he didn't want to completely incrimidate the PA as being the recorder. From what the owner said, there were several conversations recorded. Most were recorded without either party that was speaking being notified of the recording. I only know that one of the records was me and the PA who was doing the recording without my knowledge. So, you are saying that oneconversation is okay because the PA was speaking to me and he knew he was recording; however, the ones that were pure easedropping on 2 people talking (the recorder not speaking) is illegal?

 

[quincy]

The owner was the one who received the messages from the PA. He would not let us listen to the messages because he didn't want to completely incrimidate the PA as being the recorder. From what the owner said, there were several conversations recorded. Most were recorded without either party that was speaking being notified of the recording. I only know that one of the records was me and the PA who was doing the recording without my knowledge. So, you are saying that oneconversation is okay because the PA was speaking to me and he knew he was recording; however, the ones that were pure easedropping on 2 people talking (the recorder not speaking) is illegal?

Here, from the Reporters Committee for Freedom of the Press, is a guide on Georgia's recording laws:

http://www.rcfp.org/reporters-recording-guide/state-state-guide/georgia

As long as the conversations being recorded and disclosed are not of a confidential nature, such as those between doctor and patient would be, the recordings by the physician's assistant appear to be legal.

I recommend you watch what you say while in your place of employment.

 

[Jojo75]

So, the PA actually did 2 illegal acts doing this:
1) He recorded several private conversations where no one knew they were being recorded. He knew, but he wasn't envolved in the conversations. He was easedropping.
2) He emailed the recording to the owner. That was listed in the link you sent.

In the recording where he basically set me up and him and I had a conversation was legal but not the other ones that he wasn't envolved in.

I know that Georgia is a right to work state and you can be fired under any circumstanses. However, the employer basically admitted illegal acts before threatening further action.

Honestly, I have bailed out of there now. I mean...can you blame me? He was trying to screw me out of my only benefit I had there (60 hours of vacation) crappy insurance, no lunches, no breaks, & 50 hours a week with no OT benefit. It was modern day slavery. He told us "don't talk, keep your head down and work."

So, they can sit around and record themselves for all I care. I just wondered if it was legal for them to that in the first place. I had actually got a job offer the day before, so I called them back and took it. Talk about being reassured I was making a good move.....no doubts now.

 

[quincy]

So, the PA actually did 2 illegal acts doing this:
1) He recorded several private conversations where no one knew they were being recorded. He knew, but he wasn't envolved in the conversations. He was easedropping.
2) He emailed the recording to the owner. That was listed in the link you sent.

In the recording where he basically set me up and him and I had a conversation was legal but not the other ones that he wasn't envolved in.

I know that Georgia is a right to work state and you can be fired under any circumstanses. However, the employer basically admitted illegal acts before threatening further action.

Honestly, I have bailed out of there now. I mean...can you blame me? He was trying to screw me out of my only benefit I had there (60 hours of vacation) crappy insurance, no lunches, no breaks, & 50 hours a week with no OT benefit. It was modern day slavery. He told us "don't talk, keep your head down and work."

So, they can sit around and record themselves for all I care. I just wondered if it was legal for them to that in the first place. I had actually got a job offer the day before, so I called them back and took it. Talk about being reassured I was making a good move.....no doubts now.

Interesting.

It is good that you got a new job then. I would not want to work in a place that recorded all my words, either.

Good luck in your new job.

 

[Jojo75]

the notice

If only I had the guts to not work out my notice. haha Friday was brutal. NO ONE spoke in the office. Honestly, if I didn't like the doctor that I work for so much, I don't think I would do the notice because of this. I feel obligated for him and I'm really not a bad person.

 

[quincy]

If only I had the guts to not work out my notice. haha Friday was brutal. NO ONE spoke in the office. Honestly, if I didn't like the doctor that I work for so much, I don't think I would do the notice because of this. I feel obligated for him and I'm really not a bad person.

Not talking is certainly one way to defeat any recording that is going on and, essentially, you are following the PA's instructions to "don't talk, keep your head down and work."

I wish you luck staying silent for the remainder of your time at your current place of employment. Enjoy your new job.

 

[davew128]

Honestly, I have bailed out of there now. I mean...can you blame me? He was trying to screw me out of my only benefit I had there (60 hours of vacation) crappy insurance, no lunches, no breaks, & 50 hours a week with no OT benefit. It was modern day slavery. He told us "don't talk, keep your head down and work."

Does anyone more familiar with labor laws know if the no lunch or no OT violates GA law?

 

[quincy]

There is no lunch break requirement under Georgia law, davew, but here is a link to Georgia overtime pay requirements and who, and who doesn't, qualify for such pay: http://www.minimum-wage.org/overtime/georgia

And here is a link to Georgia's Department of Labor on Fair Labor Standards Act FAQs:
http://dol.georgia.gov/individuals-faqs-fair-labor-standards-act

If overtime pay should have been paid, Jojo75 can file a claim with the Department of Labor office in Georgia. The link above has an additional link on filing an overtime claim.

Jojo75's question was about recording laws, however, and those questions were addressed.

 

[rmmwothy]

I think that it isn't legal. Recordings, as I know, should be used only when there is previous agreement. Anyway, that's not ethical at all.

 

[quincy]

I think that it isn't legal. Recordings, as I know, should be used only when there is previous agreement. Anyway, that's not ethical at all.

You think what is not legal, rmmwothy?

Recordings can be legal in Georgia, even without previous agreements between the parties, depending on the facts. Georgia is a one-party consent state.

If you are going to add your "thoughts," please be sure your thoughts are supported by the laws applicable to the original poster.

Thank you.

 

[cbg]

Does anyone more familiar with labor laws know if the no lunch or no OT violates GA law?

Georgia requires no breaks of any kind. In Georgia with rare, industry specific exceptions, an employee could be required to work 24/7/365 with no breaks in all that time and as long as they were paid properly the employer would be fully within the law.