Legal Question in Civil Litigation in California

''Call Being Monitored''

When an employee places a phone call to his employer's place of business and it is the policy of the business to notify each caller that all telephone conversations will be recorded, whether or not it is being ''monitored for quality control'' etc. can the employee (person placing the phone call) also record the same conversation (on his end) without notifying the emmployer (person receiving the call)of his intent to ALSO record the conversation? Since the conversation is already being recorded by the receiving business and both parties are already aware of the business' recording of said call, would this notification of ''monitored call'' cover the caller in the event of the caller recording the conversation as well? And would it be admissable in court? 9under state and/or federal jurisdiction)

thank you


Asked on 6/25/01, 6:41 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: ''Call Being Monitored''

If you want to record the call, you also must say that you are going to do so. Recording a call without advising the other parties that you are doing so is a crime in California. Any call recorded without such a disclosure is inadmissible in court with one exception -- it may be used against the person who makes the recording as evidence in a criminal prosecution for making the recording itself.

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Answered on 6/29/01, 7:11 pm


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