Legal or Not Legal: Audiotaping a conversation with management and posting it online?

[nsf]

What is the name of your state? NY. While employed by a franchisee of a certain large restaurant company, I had meetings with different management personnel in person and I also had phone calls with some of the same people. I audiotaped these conversations. I would like to know if it is illegal to post these conversations online, such as on youtube? I no longer work there, I was fired.

 

[quincy]

What is the name of your state? NY. While employed by a franchisee of a certain large restaurant company, I had meetings with different management personnel in person and I also had phone calls with some of the same people. I audiotaped these conversations. I would like to know if it is illegal to post these conversations online, such as on youtube? I no longer work there, I was fired.

Why do want to publish these calls?

Here is a link provided by the Reporters Committee for Freedom of the Press, with New York recording laws and a section on publication:

https://www.rcfp.org/wp-content/uploads/imported/CANWETAPE.pdf
The legality depends on the content of the calls you recorded and what additional material you add to these recordings.

 

[xylene]

Let me suggest something. It is perfect legal for a prospective employer to NOT hire you because of posting these recordings.

 

[nsf]

Why do want to publish these calls?

Here is a link provided by the Reporters Committee for Freedom of the Press, with New York recording laws and a section on publication:

https://www.rcfp.org/wp-content/uploads/imported/CANWETAPE.pdf
The legality depends on the content of the calls you recorded and what additional material you add to these recordings.

Thanks. First my hours were drastically cut, and then I was fired because management was afraid that I might sue for physical and verbal harassment that I was experiencing from one of my fellow employees; "fellow employee" good friend of higher-up management. So, instead of getting rid of her, they decided to get rid of me. But, I pointed out to them in a meeting that I audiotaped how their story did not hold water and that I could prove it based on employment records "documentation".

So, they decided to put a different plan together, even worse than the first one. I feel that I can 'show' that they created this plan and that management lied to me and possibly others. I want to write an open letter to the CEO and provide the letter and the tapes showing exactly what was done. I feel I might have a case for discrimination BEFORE I was fired, but I also know NY is an at-will employer.

That's why I want to publish them. The letter is the only other "additional material".
Thanks.

 

[quincy]

What sort of "physical and verbal harassment" did you experience? Did you report this harassment to the HR department or your supervisor?

I think it would be a big mistake for you to publish anything online.

 

[nsf]

...addendum: I don't see anything below that implies that publishing these communications would constitute a crime. The only "possible" exception, as I don't fully understand the depth of the comment, would be the last comment in this publication. Also, as a sidenote, I noticed that this publication is from 2008; I wonder if these laws are still in effect for NY...?

New York Intercepting or unlawfully engaging in wiretapping without the consent of one party is a felony. N.Y. Penal Law §§ 250.00, 250.05. Mechanical wiretapping is illegal under the statute only when the party whose wires are tapped is not a party involved in the conversation. People v. Gibson, 23 N.Y.2d 618 (N.Y. 1969). However, a party to the conversation may surreptitiously record a conversation. Id. In addition, those who talk in the presence of a non-participating third party may have no expectation of privacy with respect to statements overheard by the third party. People v. Kirsh, 176 A.D.2d. 652 (N.Y. App. Div. 1991). These laws apply to conversations conducted over cellular or cordless phones. People v Fata, 159 N.Y.S.2d 348 (N.Y.App. Div. 1990). A state court held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when the “newspapers knew they were dealing with recorded conversations between unconsenting parties.” Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff’d, 616 N.Y.D.2d 318 (N.Y. App. Div. 1994). Publication may also constitute the crime of “tampering with private communications,” a misdemeanor. N.Y. Penal Law § 250.25. A person is guilty of this crime when he divulges the contents of a private letter or communication knowing that it has been opened or read. N.Y. Penal Law § 250.25.

 

[nsf]

What sort of "physical and verbal harassment" did you experience? Did you report this harassment to the HR department or your supervisor?

I think it would be a big mistake for you to publish anything online.

Yes, I reported it to my manager who has stated that I never reported it.

I think it would be a big mistake for you to publish anything online.
[/QUOTE] ---------------- BASED ON WHAT REASONING?

 

[LdiJ]

Yes, I reported it to my manager who has stated that I never reported it.

I think it would be a big mistake for you to publish anything online.

---------------- BASED ON WHAT REASONING?
[/QUOTE]

The reasoning that you might never get another job. Every prospective employer you apply to will be able to see whatever you have posted online. They won't want to hire someone who might do that to them. Plus, it could get you sued. You cannot be arrested but a hefty civil judgment that follows you the rest of your life could be a lot worse than that.

 

[eerelations]

Yes, I reported it to my manager who has stated that I never reported it.

I think it would be a big mistake for you to publish anything online.

---------------- BASED ON WHAT REASONING?
[/QUOTE]
Based on the simple fact that it would be perfectly legal for any future prospective employer to refuse to fire you because you did this.

 

[LdiJ]

---------------- BASED ON WHAT REASONING?

Based on the simple fact that it would be perfectly legal for any future prospective employer to refuse to fire you because you did this.
[/QUOTE]

I think you meant hire rather than fire.

 

[Mass_Shyster]

So what's your goal here? To get rehired by the restaurant? Do you really want to work there again? Do you think it will be a better environment if they rehire someone who posted private conversations online?

Do you think that the national corporation will get involved? I seriously doubt they will.

What you appear to have here is a disagreement with another employee who had more pull with management, so you lost. It may not be fair, but it's legal. If you take it public, all you will accomplish is getting your name higher in google searches when future potential employers are checking on you.

Unless I have a REALLY good reason, I don't hire employees who have a negative online history. There are too many fish in the ocean without a negative history.

 

[nsf]

---------------- BASED ON WHAT REASONING?

The reasoning that you might never get another job. Every prospective employer you apply to will be able to see whatever you have posted online. They won't want to hire someone who might do that to them. Plus, it could get you sued. You cannot be arrested but a hefty civil judgment that follows you the rest of your life could be a lot worse than that.
[/QUOTE]

Thank you, but a heavy civil judgment for what? I was one of the parties involved, and I only need 1 consenting party in NY. Also, the conversation was done in the public portion of the restaurant where there would be no expectation of privacy. I am not using the material for criminal purposes. Yes, for future jobs, I would agree, but that is a different topic compared with whether it is illegal or not. I appreciate all responses.

 

[quincy]

...addendum: I don't see anything below that implies that publishing these communications would constitute a crime. The only "possible" exception, as I don't fully understand the depth of the comment, would be the last comment in this publication. Also, as a sidenote, I noticed that this publication is from 2008; I wonder if these laws are still in effect for NY...?

New York Intercepting or unlawfully engaging in wiretapping without the consent of one party is a felony. N.Y. Penal Law §§ 250.00, 250.05. Mechanical wiretapping is illegal under the statute only when the party whose wires are tapped is not a party involved in the conversation. People v. Gibson, 23 N.Y.2d 618 (N.Y. 1969). However, a party to the conversation may surreptitiously record a conversation. Id. In addition, those who talk in the presence of a non-participating third party may have no expectation of privacy with respect to statements overheard by the third party. People v. Kirsh, 176 A.D.2d. 652 (N.Y. App. Div. 1991). These laws apply to conversations conducted over cellular or cordless phones. People v Fata, 159 N.Y.S.2d 348 (N.Y.App. Div. 1990). A state court held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when the “newspapers knew they were dealing with recorded conversations between unconsenting parties.” Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff’d, 616 N.Y.D.2d 318 (N.Y. App. Div. 1994). Publication may also constitute the crime of “tampering with private communications,” a misdemeanor. N.Y. Penal Law § 250.25. A person is guilty of this crime when he divulges the contents of a private letter or communication knowing that it has been opened or read. N.Y. Penal Law § 250.25.

What sort of "physical and verbal harassment" did you experience?

The section of the law you quoted from the RCFP link would not apply to you (at least as you are describing your communications). The law, as a note, has not changed.

Here is a link to New York Penal Law 250.25:
http://ypdcrime.com/penal.law/article250.htm#p.250.25
Whether publishing the conversations would violate any law depends on the contents of the conversations and how these conversations are presented to the public.

A big worry for you in publishing anything negative about your former employer would be in finding new employment after publishing it.

 

[nsf]

So what's your goal here? To get rehired by the restaurant? Do you really want to work there again? Do you think it will be a better environment if they rehire someone who posted private conversations online?

Do you think that the national corporation will get involved? I seriously doubt they will.

What you appear to have here is a disagreement with another employee who had more pull with management, so you lost. It may not be fair, but it's legal. If you take it public, all you will accomplish is getting your name higher in google searches when future potential employers are checking on you.

Unless I have a REALLY good reason, I don't hire employees who have a negative online history. There are too many fish in the ocean without a negative history.

Thank you, but I think you missed the point. No, it is not about a disagreement with another employee. It is about management conducting a BS story, not once, but twice, in order to discriminate against me through cutting my hours due to the actions of another employee, firing me for one untrue thing in a complete attempt to cover up the real reason they were doing so. Also, the main thing is that management has grossly lied in the process and I would like to expose them for what they have done. I think the CEO should know what kind of manager they have there. I don't think the CEO would appreciate the publicity.

Thank you, but so far no one has cited a good example of where or why I could be reasonably given a 'hefty judgment' against me. New York law is on my side for publishing recordings. I am not arguing the firing for 'at-will' reasons. But, for one of the things involved, it seems possible there could be discrimination involved with cutting my hours and days because of another, very mentally unstable employee's illegal actions against me; at least 2 mental disorders easily identifiable.

The movie Philadelphia comes to mind. Fired him for one BS reason, with a BS story, proved it wasn't true. But I am not going after the firing.

 

[nsf]

What sort of "physical and verbal harassment" did you experience?

The section of the law you quoted from the RCFP link would not apply to you (at least as you are describing your communications). The law, as a note, has not changed.

Here is a link to New York Penal Law 250.25:
http://ypdcrime.com/penal.law/article250.htm#p.250.25
Whether publishing the conversations would violate any law depends on the contents of the conversations and how these conversations are presented to the public.

A big worry for you in publishing anything negative about your former employer would be in finding new employment after publishing it.

I agree. Thanks Quincy.