Legal Question in Employment Law in California
Undisclosed phone taping
An Associate and myself were both terminated due to a personal call at work. We both work for a National Finance Company. None of the associates were aware that our inbound and outbound calls were being recorded. We aquire a lot of personal information from our clients, and they as well were never informed or notified, or asked if they could be recorded. In addition I was terminated and wasn't give by last paycheck, and I have been made aware that I would not receive my bonus, which is acheived by closing real estate loans.
1 Answer from Attorneys
Re: Undisclosed phone taping
It is a misdemeanor in California to record a conversation without both parties' knowledge. Your company can be fined for each instance it did so with customers.
As to whether the company can eavesdrop on its employees, that's an open question. There have been court decisions that allow an employer to monitor (through software) each computer workstation without its employee's knowledge. There's not legally a great expectation of privacy in the workplace, unfortunately.
As to the missing paycheck and commissions (or bonuses), you can take that up with the California Labor Commissioner's office. Monetary penalties attach for each day that you are not paid, with a cap. If the withheld bonuses were substantial, you might want to consult privately with an attorney.
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