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  1. #1

    Default Employer Recorded Cold Calls

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

    Prior to my employment, a sales person would make cold calls. The sales person knew they were being recorded, but the prospects did not. Sometimes, the same prospect was repeatedly recorded. Is this legal?

    Also, I asked that I not be recorded, but I think I might have been.

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Employer Recorded Cold Calls

    Kentucky is a one party consent state - therefore, if one party consents, it's legal. The prospects did not need to know.

    Also, I asked that I not be recorded, but I think I might have been.
    Also legal. If your employer required that calls be recorded, then you likely were recorded. You can't opt out of a job requirement.

  3. #3

    Default Re: Employer Recorded Cold Calls

    does it matter that it was never stated as a job requirement - before or during?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    Default Re: Employer Recorded Cold Calls

    Are you saying you were never informed that you were being recorded?

    All your employer needed to do was inform you that calls were being recorded.

  5. #5

    Default Re: Employer Recorded Cold Calls

    He never told me I was being recorded and never stated prior to or during employment that it was a requirement, but I have strong suspicions that he did record me, but he never told me he was recording or intended to record.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    Default Re: Employer Recorded Cold Calls

    OK.

    So what are your damages, then? If you're looking to take action, you need to show damages. What are they?

  7. #7

    Default Re: Employer Recorded Cold Calls

    I'm not really asking relative to damages, but some other things have been going on concerning health insurance and 401k deductions taken out, but not paid. Also some veiled threats to co-workers about culpability even though they just cut checks and didn't know about the payments not being made - especially as it relates to a large payroll tax liability.

    I was just trying to get some feel for what I need to do - or can do- without an attorney. I sincerely appreciate your help. Have a great day.

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Employer Recorded Cold Calls

    but some other things have been going on concerning health insurance and 401k deductions taken out, but not paid. Also some veiled threats to co-workers about culpability even though they just cut checks and didn't know about the payments not being made - especially as it relates to a large payroll tax liability.
    Those have nothing at all to do with the legality of recording sales calls.

    If your 401K deductions are not being handled properly or there are issues with tax liability, you and your fellows would do well to consult an employment attorney in your area.

    Don't bother him/her with the bit about recording phone calls - it's irrelevant. Instead, make sure you discuss the ACTUAL problem, which seems to be that funds are being mishandled.

    It's never a good idea to try to tackle a problem of this nature via a back door. It tends to be ineffective.

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