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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can You Be Fired Based on an Illegal Recording

    An employee in New York was having a private conversation with a co-worker. A third employee, without their knowledge, set up a recording device that recorded their conversation. The third employee was not present or part of the conversation. That third employee took the recording to the employer, and the two employees who were having the conversation were fired due to statements they made about the employer.

    Can employees be fired based upon the content of an illegal recording?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Be Fired Based on an Illegal Recording

    Although the improperly recorded employees may report the illegal recording to the police, for possible prosecution, there is no law that says that the employer must disregard the content of the recording and give the employees their jobs back.

    If the employees believe that the recording was made at the instruction of the employer, or with the employer's knowledge, then the employees should discuss their impressions and evidence with a lawyer. They may also be able to make a claim against the co-worker who unlawfully recorded them.

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