Can A Business Located In 2-Party Consent State, Secretly Record A Remote Employee In 1-Party State?

[randomperson222]

What is the name of your state? VT/PA

I live in VT (1-party consent) but my employer is located in PA (2-party consent) and all contracts we have together are to be governed out of PA jurisdiction. After a recent dispute, I have come to the suspicion that 1 or more of our conversations were being recorded by my boss in PA.

If true, would this be a crime? Does the 2 party consent rule apply, even though I reside and work out of a 1-party state?

 

[Zigner]

What is the name of your state? VT/PA

I live in VT (1-party consent) but my employer is located in PA (2-party consent) and all contracts we have together are to be governed out of PA jurisdiction. After a recent dispute, I have come to the suspicion that 1 or more of our conversations were being recorded by my boss in PA.

If true, would this be a crime? Does the 2 party consent rule apply, even though I reside and work out of a 1-party state?

Why do you think it matters?

 

[adjusterjack]

If true, would this be a crime? Does the 2 party consent rule apply, even though I reside and work out of a 1-party state?

Actually, it's "all party" not "2 party."

Here's the PA statute:

18 Pennsylvania Consolidated Statutes § 5703 (2021) - Interception, disclosure or use of wire, electronic or oral communications :: 2021 Pennsylvania Consolidated Statutes :: US Codes and Statutes :: US Law :: Justia

Here are the exceptions:

18 Pennsylvania Consolidated Statutes § 5704 (2021) - Exceptions to prohibition of interception and disclosure of communications :: 2021 Pennsylvania Consolidated Statutes :: US Codes and Statutes :: US Law :: Justia

There are no exceptions as to where the other party is located. My conclusion is that it's a third degree felony in PA if your employer records you without your knowledge and consent.

Note that Section 5725 allows you to sue for civil damages.

18 Pennsylvania Consolidated Statutes § 5725 (2021) - Civil action for unlawful interception, disclosure or use of wire, electronic or oral communication :: 2021 Pennsylvania Consolidated Statutes :: US Codes and Statutes :: US Law :: Justia

However, suspicion and speculation don't count. You need hard evidence.

I live in VT (1-party consent)

If you are tempted to record conversations with your employer they are not likely to be illegal in Vermont but they could subject you to termination for misconduct and bar you from collecting unemployment compensation.

Might just be time to seek employment elsewhere.
That's not exactly correct. Vermont has no statutes (that I could find) allowing or prohibiting the recording of phone conversations without the knowledge and consent of other parties.

 

[adjusterjack]

Why do you think it matters?

Why can't you just answer the question.

 

[Zigner]

Why can't you just answer the question.

In this case, it's because I'm trying to find out what the OP actually hopes to accomplish.

 

[quincy]

What is the name of your state? VT/PA

I live in VT (1-party consent) but my employer is located in PA (2-party consent) and all contracts we have together are to be governed out of PA jurisdiction. After a recent dispute, I have come to the suspicion that 1 or more of our conversations were being recorded by my boss in PA.

If true, would this be a crime? Does the 2 party consent rule apply, even though I reside and work out of a 1-party state?

Based strictly on the information you have provided so far, it is impossible to say whether the recording by your employer (if proved to have been made) would be judged legal or not. Many questions remain.

You can offer more information or you can speak in confidence to an attorney in your area.

Like Zigner, I am curious what your end goal is.

 

[zddoodah]

If true, would this be a crime? Does the 2 party consent rule apply, even though I reside and work out of a 1-party state?

Yes, but what evidence do you have to support your suspicion? You are, of course, free to reach out to law enforcement in Pennsylvania and report the suspected crime. However, unless you have tangible evidence (and maybe not even then), I would be shocked if any law enforcement agency would care.

 

[quincy]

Not necessarily “yes.” There are several cases where the two-party consent law did not apply to conversations between one-and-two party consent states.