Legal Question in Civil Rights Law in New York

Answering Recorded Live Chat

I hope that you can assist me. I live in NYC. My answering machine

failed to disengage recording a conversation with an HR officer at my

company, because I picked up a handset upstairs, not the one for the

answering machine downstairs.

The nature of the recording was impportant (ironically) and so I

didn't delete the message. Turns out, my co. just let me go and I'm

pursuing disability discrimination against them. I advised that I had a

pivotal message taped that I would produce if they didn't negotiate severance

with me.

Since this is an answering machine, and the very nature of having one

is to record messages, is it illegal for me to have taped the acutal

conversation? By the way,l it is important to note that I had no idea m

machine was taping the conversation until I had gone downstairs later

in the day and seen the message light flashing.

I would appreciate any guidance-EM


Asked on 9/18/07, 1:07 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Re: Answering Recorded Live Chat

In NY it's okay to tape record telephone calls received on your home telephone. If you are pursuing a claim of disability discrimination and you have "smoking gun" evidence, see an employment law attorney . . . now.

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Answered on 9/18/07, 1:18 pm
Jason Stern Law Offices of Jason Stern

Re: Answering Recorded Live Chat

My colleague is correct about NYS law regarding your recording.

My office handles severance negotiations and employment litigation. If you have irrefutable evidence of discrimination, it only bolsters your bargaining position. If you would like to discuss this further or arrange for a complimentary consultation, you may contact my office by email or through SeveranceAttorney.com

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Answered on 9/18/07, 1:54 pm


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