Legal Question in Employment Law in California

Voice mail message

I received a voice mail message from my boss which was extremely critical of me, not to mention devoid of any true knowledge of the actual facts of the situation. Apparently, his views were based on false information provided by one of my fellow manager who happens to be a close personal friend of my boss. Also, this manager is passing defamitory information to his staff who in turn is relating it to my staff. Is it legal for me to tape this voice mail message? I really don't want any trouble, but want to protect myself in a rapidly deteriorating situation.


Asked on 10/23/05, 4:28 pm

1 Answer from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: Voice mail message

It is a violation of California law to tape record conversations unless all participants are aware of the taping. The law rests upon the concept of "expectation of privacy" on the part of the participants.

However, there is no "expectation of privacy" where the speaker leaves a voice-mail or a message on a machine. The speaker implicitly acknowledges that their statements are being recorded. Thus, it would not be a violation of law to transfer the message from one recording device to another.

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Answered on 10/25/05, 10:31 pm


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