Recording of phone calls

[quincy]

The company is a small health insurance company.

You should seek out an attorney in your area for a personal review.

You could have a privacy claim to pursue, if private/confidential health information held by your employer was disclosed to others without your consent and this disclosure resulted in demonstrable harm.

 

[Taxing Matters]

The company is a small health insurance company.

And is this YOUR health insurer?

 

[AlmostThere]

Generally, employers have the right to monitor communications that take place over their electronic devices or use their network, software, etc. I think your issue is not that the call was recorded, but that HR acted inappropriately with respect to your private information.

 

[PayrollHRGuy]

The company is a small health insurance company.

But this information wasn't learned by your employer due to it being a "small health insurance company".

 

[AlmostThere]

Plagiarism is frowned upon here. Give proper citation please.

EDIT: If your citation is to a commercial site, then it is not allowed.

Ammended.

 

[quincy]

Generally, employers have the right to monitor communications that take place over their electronic devices or use their network, software, etc. I think your issue is not that the call was recorded, but that HR acted inappropriately with respect to your private information. ...

California’s recording law is more restrictive than federal law. California’s recording law is designed to protect the privacy rights of Californians by requiring the consent of all parties to a conversation to any recording of any conversation. This includes the consent to have a third party (the company) record the conversation.

California’s privacy law on two-party consent to the recording of conversations extends to those who live in another state but who do business with California. Those who are out-of-state must abide by California’s more restrictive law when doing business with a California resident or California business. See the case I cited earlier.

The issue SMF88011 has with the recording is that SMF88011 says s/he was never informed that the call would be recorded. The private health information disclosed in a conversation was, apparently, recorded.

Your post, Almost There, was reported for moderator review of the link and large portion of quoted material.

 

[KW]

SMF88011: If you fit this description:

Q. Who is protected from employment discrimination?

A. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.

https://www.ada.gov/employmt.htm

and your health info gleaned by your employer is repeated in the workplace, see a lawyer about your rights under the ADA.

 

[quincy]

... If you qualify as disabled, see above, then info about your condition gleaned by your employer and passed around the workplace may be a violation of the ADA. As others have advised, lawyer up.

Katy, when you copy and republish large excerpts of rights-protected material without the express permission of the copyright owner, you risk facing a copyright infringement lawsuit.

There are some defenses to copyright infringement should a copyright holder take exception to the unauthorized use of their rights-protected material, but attributing the source of copyright-protected material is only a factor considered that potentially could mitigate damages awarded in an infringement suit. Attribution alone is not authorization.

Please reread the terms and conditions of use for this forum, making note of the prohibitions on posting commercial messages and links and also on posting copyright-protected material.

Thanks.

 

[Ohiogal]

Someone reported me calling her on her stupidity? WHAT THE HECK. Hey Katy, you still acted illegally and unprofessionally by "diagnosing" people with mental health issues. You need fired.

 

[quincy]

Someone reported me calling her on her stupidity? WHAT THE HECK. Hey Katy, you still acted illegally and unprofessionally by "diagnosing" people with mental health issues. You need fired.

Your post is still in place in the (now-locked) thread that Katy Welty started.

This thread belongs to SMF88011. Katy just thought she would add to it with verbatim information from a commercial website.