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HR listening in on conversations

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janimal

Member
What is the name of your state? Happened in Florida

An acquaintance of mine was terminated, and she called me to ask questions. Apparently, she was called in to her supervisor's office to talk about her attendance. She had taken FMLA leave and believes her absences were all covered under FMLA. She was terminated for absenteeism and escorted from the building.

She called the HR Rep who had handled her FMLA paperwork, and was told that he had been listening to the conversation she had with her supervisor over speakerphone. My friend was shocked, as she was alone in the room with her supervisor and had not been informed someone was listening.

I will try to help her by reviewing her absences and paperwork as it relates to her leave to try and help her. She believes her time off was protected leave and she was really terminated for other reasons.

My question is about that HR Rep listening in without disclosure. The conversation wasn't taped, but it was witnessed - did my friend have a reasonable expectation of privacy, or no?

(As an HR gal with remote locations, I am on speakerphone to employees quite often, but my participation is always disclosed)

Thanks!
 


BelizeBreeze

Senior Member
While not exactly on-point, the premis is the same.
Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).

There are exceptions to the expectation of privacy for an employer.
 

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