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  1. #1

    Default Freedom Of Speech At Work

    I currently work for an airline in a reservations call center. They have installed a new system that allows them to hear what we are saying, even when we are not speaking with customers or taking phone calls. They will be recording everything! We have small cubicles and we sit fairly close together, so we have time to talk to one another in between calls and also on breaks. They will be listening to what we are saying in between our phone calls to our friends and coworkers. Is this legal? Are they violating our right say what we want?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Freedom Of Speech At Work

    They are not paying you to talk to your friends and co-workers. Of course it's legal. Where did you get the idea that you had complete freedom to say anything you wanted at any time?

    The First Amendment says that the GOVERNMENT cannot restrict your speech. It doesn't say anything about your employer.

    And I'm not seeing where your speech is being restricted anyway.

  3. #3
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Freedom Of Speech At Work

    This pretty standard in the call center industry. As cbg stated, there isn't anything illegal being done here.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Freedom Of Speech At Work

    Most all states have laws/acts regarding the monitoring and/or recording of conversations and/or telephone calls that apply to employers. You didn't mention your state but this is *probably* legal.

  5. #5
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Freedom Of Speech At Work

    Quote Quoting Betty3
    View Post
    Most all states have laws/acts regarding the monitoring and/or recording of conversations and/or telephone calls that apply to employers. You didn't mention your state but this is *probably* legal.
    Can you site those states, because most all states that I have seen have a "Business Use Exception" and Title III of 18 U.S.C. § 2511 provides two exceptions that can enable employers to monitor their employees' phone calls without violating the statute.

    1. Buisness extension exemption
    2. Consent

    As long as employees have been notified that the employer is monitoring their calls/conversations, they are within the law.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Freedom Of Speech At Work

    I have all the states & whether the state restricts by employers the monitoring or recording of conversations or telephone calls + law on surveillance. It includes main provisions of law, surveillance, audio recording consent, covered employers & citation code. Most of the states that do have a law re audio recording consent (which is most all of them) allow it w/o employee consent - that is why I said what this employer is doing is *probably* legal -- didn't have name of state. The info is written by employment lawyers and/or human resource people in each state.

    Take it or leave it - you have your sources & I have mine.

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