Can an employer record your phone calls

YoshiSato

Banned
Jul 31, 2005
1,012
0
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I suspect my employer has recently starting recording the phone calls for employess of my department however I was never notified about this. I have had previous jobs where they told us and made us sign papers that are calls maybe recorded.

If they are recording conversations without giving me forewarning is there any legal recource should it be necessary?
 

Aimster

Lifer
Jan 5, 2003
16,129
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Well when you call customer service they usuaully say "your call may be recorded and monitored.."

I assume they are doing that to protect themselves. I suppose your employer would have to do something like that too. (Give you notice)
 

QED

Diamond Member
Dec 16, 2005
3,428
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I don't know myself... but a quick Google search reveals:

Telephone Monitoring

Can my employer listen to my phone calls at work?

In most instances, yes. For example, employers may monitor calls with clients or customers for reasons of quality control. However, when the parties to the call are all in California, state law requires that they be informed that the conversation is recorded or monitored by either putting a beep tone on the line or playing a recorded message. (California Public Utilities Commission General Order 107-B, www.cpuc.ca.gov/Published/Graphics/567.pdf) Not every business is aware of this requirement, so your calls might still be monitored without a warning. Federal law, which regulates phone calls with persons outside the state, does allow unannounced monitoring for business-related calls. (See Electronic Communications Privacy Act, 18 USC 2510, et. seq., www.law.cornell.edu/uscode .)An important exception is made for personal calls. Under federal case law, when an employer realizes the call is personal, he or she must immediately stop monitoring the call. (Watkins v. L.M. Berry & Co., 704 F.2d 577, 583 (11th Cir. 1983)) However, when employees are told not to make personal calls from specified business phones, the employee then takes the risk that calls on those phones may be monitored.

Privacy Tip: The best way to ensure the privacy of your personal calls made at work is to use your own mobile phone, a pay phone, or a separate phone designated by your employer for personal calls.


From PrivacyRights.org.....
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
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ahh, having a butt set and a T1 analyzer/breakout box in the basement of a skyscraper.

good times, good times.

I don't think the employer has to notify you. It is their equipment. They don't have to notify your that they're saving every single e-mail ever sent/received for 7 years?
 

YoshiSato

Banned
Jul 31, 2005
1,012
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Originally posted by: FoBoT
they can do anything they want , the phone belongs to them

I'm not questioning that. I'm questioning if they can record without informing people frist.
Everytime you logon to one of our computers, it clearly states you are being monitored.
 

FoBoT

No Lifer
Apr 30, 2001
63,084
15
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fobot.com

Privacy Tip: The best way to ensure the privacy of your personal calls made at work is to use your own mobile phone, a pay phone, or a separate phone designated by your employer for personal calls.



Brilliant!
 

huberm

Golden Member
Dec 17, 2004
1,105
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at my employer there are stickers near many of the phones that say "your use of this phone means you consent to monitoring". How the heck are we going to do our job without using the phone though, if we don't agree with it?
 

gigapet

Lifer
Aug 9, 2001
10,005
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I think the rule with recording phone conversations private, public at work or whatever is that at least one party needs to be aware it is being recorded.
 

chambersc

Diamond Member
Feb 11, 2005
6,247
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Originally posted by: huberm
at my employer there are stickers near many of the phones that say "your use of this phone means you consent to monitoring". How the heck are we going to do our job without using the phone though, if we don't agree with it?

well, you're voluntarily working there. you can quit. you are replacable.