Legal Question in Employment Law in California
eavesdropping on conversations
I suspect a previous employer is defaming me. There is someone at the company, an assistant, who will confirm this for me. However, this person will only talk to me and not another party about this incident. Can I have a court reporter eavesdrop on the conversation I have with the assistant and take notes on it? Will these notes be admissible in court as evidence that my previous employer is defaming me? Can these notes be used to prompt truthful answers from this assistant during a deposition? What are laws about eavesdropping on conversations such as this?
2 Answers from Attorneys
Re: eavesdropping on conversations
Yoy cannot eavesdrop on a private communication, without the consent of both parties. To do so would subject you to criminal and civil penalties and the notes you reference would not be admissible in court.
Instead, try hiring a private service that specializes in posing as prospective employers, to see what kind of statement your former employer is making about you. You can probably locate such a service on the internet.
Re: eavesdropping on conversations
Such eavesdropping can get you big trouble if discovered. Have someone pretend to call for references and document in notes what is said. If you find them making 'material false statements', contact me to discuss you rights and remedies. BTW: giving opinions like they thought you were a lousy employee, or similar things, is not actionable.
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