Legal Question in Telecomm Law in Maryland
Illegal Wiretap?
Is an employer recording a telephone conversation of an employee illegal? (No advance notice was given by the employer to the employee or to the person on the other end, that phone conversations were being monitored/recorded.) The employee, who is allowed to use the phone for short personal calls, was discussing a job offer from a different organization with a family member. She later found out that this conversation was recorded and believes that other conversations were also recorded. Does she have any expectation of privacy and any right for concern how a recording of this conversation may have impacted her employment?
Thank You.
1 Answer from Attorneys
Re: Illegal Wiretap?
It is generally illegal to tape record calls within Maryland. There is a case on appeal right now over whether businesses that regularly monitor calls for quality control purposes may do so legally. There is a private right of action under Maryland's wiretap law, but you would need some kind of damages.