Page 1 of 2 12 LastLast
Results 1 to 10 of 18
  1. #1
    Join Date
    Apr 2011
    Location
    Winter Garden, Orlando
    Posts
    11

    Question Workplace Security Video and Audio Recording Laws

    My question involves labor and employment law for the state of: Florida

    I am a security officer employed by a security company who has a contract with a particular country club. I work in a gate house where the have numerous cameras but recently was advised by a John Doe for my best interest be careful what I say or do inside the gatehouse since the (Hoa) Home Owners Associaion listens in and records audio and video via the cameras from their home. So I am even afraid to talk to my wife on the phone since that is our prvate conversation. There are no signs posted of audio recording taking place; nor were "we" the officers advised by the association that we are being audio recorded inside the gatehouse. Also what legal recourse do we have in this event none of the officers here agree with the "discreet" audio recording by the hoa which is stored on their pc's via network so actually numerous people have access to all our conversations. When I asked about the audio recording the IT guy in charge of system didn't answer my question and danced around subject. But I looked up camera specs and was even able to access the camera software via pc in gate we are authorized to use and audio recording is enabled and actually camera specs from manufacture shows camera as being 2 way audio......Thanks in advance...!

  2. #2
    Join Date
    Dec 2009
    Location
    not here
    Posts
    1,379

    Default Re: Video with Audio Recording Florida Workplace-Security Dept

    While it may be illegal in your state for individuals to audio/video monitor each other without all parties' permission, it's perfectly legal pretty much anywhere for employers to audio/video monitor their employees while they're at work. In fact it's a very common practice - most employees (including me!) nowadays are audio/video monitored at work.

    While the security company is your employer, not the HOA, the security company probably gave the HOA permission to do this (it would be in their contract). And that's all the permission the HOA needs.

    Finally, signs are not required, especially given that you guys already know what's going on without having to see signs.

  3. #3

    Default Re: Workplace Security Video and Audio Recording Laws

    Contact a criminal defense lawyer to determine whether surreptitious recording of conversations in the gate house is legal in Florida. There are a few states in which such recordings are prohibited by criminal statute.

    If, however, the bugging of the gatehouse is not prohibited by state or local statute, then you would not appear to have any other avenue to seek relief. Notwithstanding how offensive it is to have your workplace conversations secretly monitored and recorded, you presumably work as an “at-will” employee. An at-will employee cannot compel their employer to stop bugging the workplace. In fact, an at-will employee could conceivably be fired without redress for even raising the issue in the first place.

    On the other hand, if you a unionized employee, you may be able to utilize the grievance-arbitration procedures in your collective bargaining agreement to challenge such a practice.

  4. #4
    Join Date
    Apr 2011
    Location
    Winter Garden, Orlando
    Posts
    11

    Default Re: Workplace Security Video and Audio Recording Laws

    Wow thanks for the info; hopefully some others can chime in as well. Yes Fla is a right to work state unless you are a part of a union which we are not.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,322

    Default Re: Workplace Security Video and Audio Recording Laws

    Right to work means you cannot be forced to join a union to get work. Do you perhaps mean an employment at will state?

  6. #6
    Join Date
    Dec 2009
    Location
    not here
    Posts
    1,379

    Default Re: Workplace Security Video and Audio Recording Laws

    Quote Quoting ESteele
    View Post
    Contact a criminal defense lawyer to determine whether surreptitious recording of conversations in the gate house is legal in Florida. There are a few states in which such recordings are prohibited by criminal statute.
    The recording is not surreptitious. Not only that, it's SOP in all security jobs in all states. If the OP does what you advise, it will probably get him fired. This would be a legal termination.

  7. #7
    Join Date
    Apr 2011
    Location
    Winter Garden, Orlando
    Posts
    11

    Default Re: Workplace Security Video and Audio Recording Laws

    Back on topic anyone else have any specific info to my orginal post?

  8. #8
    Join Date
    Apr 2011
    Location
    Winter Garden, Orlando
    Posts
    11

    Default Re: Workplace Security Video and Audio Recording Laws

    Quote Quoting cbg
    View Post
    Right to work means you cannot be forced to join a union to get work. Do you perhaps mean an employment at will state?
    They both mean the same here in Florida. And right to work means just that you have the right to work and be let go at any time without reason and you cannot sue. From my understanding.

    Back on my original topic & post can anyone address my specific questions in post?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,322

    Default Re: Workplace Security Video and Audio Recording Laws

    No, they do not both mean the same thing in any state. Your understanding is incorrect.

    EMPLOYMENT AT WILL means that you can quit at any time and for any reason, and that you can be fired at any time and for any reason not specifically prohibited by law.

    RIGHT TO WORK means that you cannot be forced to join a union to get work.

    Just because a host of uninformed people use the two incorrectly interchangably does not mean that the definitions have changed.

    What additional information are you still seeking?

  10. #10
    Join Date
    Dec 2009
    Location
    not here
    Posts
    1,379

    Default Re: Workplace Security Video and Audio Recording Laws

    Whether or not he can sue his employer.

    No, OP, as you've been told, you cannot sue your employer for this because what your employer is doing is perfectly legal. It's not only legal, it's very very common.

    And I agree, you are incorrect in that "right to work" and "at-will" mean the same thing, They do not, not in any state, including Florida. Who told you this and what are his/her legal qualifications?

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Privacy Crimes: Audio and Video Security System is Recording My Property and Captures Neighbor
    By diluker in forum Criminal Charges
    Replies: 2
    Last Post: 08-25-2011, 06:34 AM
  2. Privacy: Video and Audio Recording in the Workplace
    By FourthAmendment in forum Problems at Work
    Replies: 1
    Last Post: 11-27-2009, 06:49 PM
  3. Privacy Crimes: Video And Audio Recording In Pennsylvania
    By drdiotte in forum Criminal Charges
    Replies: 5
    Last Post: 04-21-2008, 06:24 PM
  4. Business Issues: Audio and Video Recording on Premises in New York
    By hotnts in forum Business Law
    Replies: 11
    Last Post: 10-19-2007, 08:01 AM
  5. Police Conduct: Recording audio or video of police actions
    By miliamber in forum Police Investigations
    Replies: 1
    Last Post: 03-07-2006, 10:42 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document