Legal Question in Employment Law in California
Recording phone conversations as a condition of employment
I work in a sales position that requires that I make several phone calls a day out of my home to people who don't know me. As part of my training, my employer has me make phone calls in front of him and listens in on the conversations. He has also sent me home with a recording device so that I can record phone conversations and review them with him. We never tell the person on the other end of the line that they are being recorded. This is a requirement of the job, but is not listed in the employment contract. I have been told by friends that this is illegal and that I may be liable. However, if I refuse to do it, I know my employer will think of a creative way to get rid of me. He conducts this type of training with salespeople across the country. I have expressed my concerns to my direct manager, and he is also duly intimidated by the owner of the company and therefore will not raise this concern with him.
1 Answer from Attorneys
Re: Recording phone conversations as a condition of employment
It is both a criminal and a civil offense in California to record a telephone conversation without the knowledge and consent of all parties to the conversation. Therefore, it would be an illegal employment practice to require an employee, as a condition of employment, to commit such an illegal act. Employers who fire an employee for refusing to commit an illegal act, or who report such illegal activity internally or to an outside agency, may be held liable for wrongful termination.
Clearly, you should not be recording these conversation without the knowledge of the other party. You should consult with an experienced employment law attorney, if you need assistance in how to deal with this situation.
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