Can an employer use private phone call of employee as evidence?

[quincy]

But it was on a cell phone so how would that have worked? Obviously they couldn't tap the guys cell phone. Unless of course they were taping from the other's person's end, but that really doesn't make much sense unless law enforcement was somehow involved.

The recording was of a cell phone conversation. Permission to record can be granted to another by either party to the call.

 

[LdiJ]

The recording was of a cell phone conversation. Permission to record can be granted to another by either party to the call.

I know that, I was talking about the logistics. This was an employer who seemingly caught a conversation that the employer couldn't have known was going to take place. You have to know that something is going to happen or is likely to happen in order to get permission from the non-employee party. Otherwise, who do you ask for permission? Everybody your employees know or might speak to on their personal cell phones? Plus the non-employee party has to have some motivation for giving that permission. Then, it's highly unlikely that they are going to find any practical method for catching both sides of the conversation.

It's easy when the conversations happen on company phones because there is recording capability written into most employee phone systems plus most employee phone systems warn callers (and staff) that they are being taped.

 

[quincy]

I know that, I was talking about the logistics. This was an employer who seemingly caught a conversation that the employer couldn't have known was going to take place. You have to know that something is going to happen or is likely to happen in order to get permission from the non-employee party. Otherwise, who do you ask for permission? Everybody your employees know or might speak to on their personal cell phones? Plus the non-employee party has to have some motivation for giving that permission. Then, it's highly unlikely that they are going to find any practical method for catching both sides of the conversation.

It's easy when the conversations happen on company phones because there is recording capability written into most employee phone systems plus most employee phone systems warn callers (and staff) that they are being taped.

Ahh. I see what you’re saying. Good point.