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  1. #1
    Join Date
    Nov 2010
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    2

    Default Covert Audio Surveillance in My Work Truck

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

    I recently found out that the company I work for has covert audio equipment in our Toyota Tacomas that stream our conversations and private phone calls. As for whether or not it's recording I wouldn't know that. That may be a loophole. We were never informed or consented or signed anything relating to this. This came as a surprise when it slipped from someone in management today. I would hope for a reasonable degree of privacy to make personal cell phone calls about family or medical situations, but apparently my worktruck is laced with this stuff that we only today found out about.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Covert Audio Surveillance in My Work Truck

    Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Texas Code Crim. Pro. Art. 18.20.

    A person whose wire, oral, or electronic communication is intercepted or disclosed has a civil cause of action against the interceptor or discloser. Texas Civ. Prac. & Rem. Code § 123.002. Such a person is entitled to recover $10,000 for each occurrence, actual damages in excess of $10,000, as well as punitive damages and attorney fees and costs. Texas Civ. Prac. & Rem. Code § 123.004.

    In addition, unlawful recording of a conversation or disclosure of its contents with reason to know of the illegal interception is a felony punishable by two to 20 years in prison and a fine not to exceed $10,000. Texas Penal Code § 12.33.
    If it were me, I would get copies of the specific laws and mail them to the boss, anonymously.


    are you sure somebody isn't pulling your leg? Seems like the kind of rumor management might put out simply to help keep the guys in line.

  3. #3
    Join Date
    Nov 2010
    Posts
    2

    Default Re: Covert Audio Surveillance in My Work Truck

    I'd probably think that too if I were reading it secondhand in print. But these guys do so much already it's ridiculous. There's the standard GPS tracking unit, but then they'll go to our house early in the morning and follow and watch us for hours, dig through our stuff, install hidden video cameras other places we go, even put marked coins in machines to bait us to see if anyone is going to steal anything. They screen our company phones also.

    I wouldn't put it past them on that also. I'm a bit too timid to be pressing charges, and it wouldn't be right for me to seek reparations since it's mostly affected my co-workers (who have wives and issues in their families and talk to them on the phone regularly).

    It's a gray area but these guys are legally in the clear I'd imagine since the inside of a worktruck would be likely considered a workplace.

    I'd think I have a right to let my co-workers know their conversations are not private though.

    Oh, and thank you for those references, I do like the idea of mailing it anonymously. At the very least I want them to become concerned enough that they make us sign something that explicitly states what they're doing so we don't sue. I just want them to be up front about that because that's something that we should be made aware of when they hand us the keys to the truck.

    One last thing, when it slipped from management, he said I sing too much in my worktruck and then he joked about me needing some voice lessons really bad. Ok, I admit it I do sing sometimes. I also have a serious lung condition that requires me to do some form of pulmonary exercise to clear up excess mucus (one of my lungs and bronchi produce about a cup a day that needs to be expelled from the lungs that requires positive expiratory pressure or else bleeding ensues- so I do actually sing for my health ). My boss does not know that I have this condition. That's information he shared when he slipped it is main reason I can believe it wasn't just a tactic. Now I'm bringing a flutter device to work that'll rattle it out because I can't even do that in my work truck anymore.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Covert Audio Surveillance in My Work Truck

    It's a gray area but these guys are legally in the clear I'd imagine since the inside of a worktruck would be likely considered a workplace.
    If they are isolated within their car, there is an expectation of privacy.

    There's the standard GPS tracking unit,
    so, that means you, every UPS driver (and not just the truck, their pad has a GPS in it), just about any semi truck owned by a fleet, and every owner of a GM vehicle manufactured in the last 5 years have to deal with it.

    I have to say though that it sounds like you work for somebody that deals with national security or you need to visit the aluminum foil aisle at the grocery store.

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