Legal Question in Employment Law in California
Tape recording one's self in a populated office environment
I work at a utility company; and a very noisy department was moved next to mine and they utilize offensive language and get very loud in general, and I am unable to concentrate on my work. My supervisors have not been supportive and refuse to let me move or deal with the situation; and I may need to file a grievance against them, since I'm beginning to develop health problems due to stress over the situation.
May I place a tape recorder in my cubicle; essentially recording myself? I intend to turn the recorder off if I leave, and if a client comes into my office I will turn it off or ask them if they mind being recorded. If the recording picks up the loud talk and offensive language and such from the other department(s); can I utlize the tape against them and/or my supervisors? Can they sue me or can I get into trouble at work?
2 Answers from Attorneys
Re: Tape recording one's self in a populated office environment
Obviously your intent is to tape others. Taping others without their knowledge is against the law in California and a misdemeanor if charged. File the grievance and take steps within co necessary and if not work, call an attorney to assist you.
Re: Tape recording one's self in a populated office environment
Tape recording other people without their knowledge is very risky. You could lose your job, as well as be civilly and criminally prosecuted, if you pick up conversations that were intended to be private.
The better course is to follow through with your grievance, particularly emphasizing the offensive language and the effect the noise is having on your health.
You may also contact CAL OSHA if the atmosphere created by the employer is unhealthful. They can send an inspector down to investigate. You can do this anonymously and it is illegal for an employer to retaliate, in any case.
Finally, you can see a workers compensation lawyer if the work environment creates health problems for you, to explore your options regarding any treatment.
But I would advise you to not record people's conversations.
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