Legal Question in Employment Law in California
Overhearing a conversation
In a scenario where an employee overhears the speaker phone conversation of two supervisors and they are talking about the ''stupid'' actions of that employee, does the employee have any right to complaint or action? The conversation was behind a closed door but speaker phones tend to be loud. After mentioning this conversation to a supervisor, the employee was told that it was ''snooping and they could have him arrested.'' Is that true? Thanks.
1 Answer from Attorneys
Re: Overhearing a conversation
While eavesdropping on telephone conversations can be a violation of civil and criminal laws, there must be a reasonable expectation of privacy to the conversation. If the speaker phone is so loud that the voices can be heard outside the office, even with the door closed, it is doubtful they would have a credible case against you.
You certainly may complain to company management, but this would not be a protected activity. It may be inappropriate language to call refer to your actions as stupid, but it is not illegal. You should consider what you hope to gain by complaining about what you overheard.
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