Legal Question in Civil Litigation in New York

Company liability for misuse of company recording device

I have a situation where an employee utilized company quality assurance telephone tape recording equipment for her own personal use. She come to me out of fear for wrongdoing and stated that she recorded her personal conversation with the wife of her boyfriend (for replaying this info for his use.) But she never notified this wife of a recording taking place beforehand. Now this wife is irate and is threatening to sue our company for damages.

Due to this employee's neglience she was suspended of course.

Now I want to know exactly is there such a thing where my company can be liable for the neglience of an employee misusing company equipment for personal use.

Please advise, thank you.


Asked on 1/14/04, 1:06 pm

3 Answers from Attorneys

Re: Company liability for misuse of company recording device

Assuming that the the person taping the call took place in the conversation and that this happended in the State of New York, there is nothing to worry about. New York is a 1-party consent state which means that as long as one person consents to taping a call (presumably the person doing the taping, even if taped in secret) no law has been broken and no negligence committed.

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Answered on 1/14/04, 1:11 pm
William Pinzler william M. Pinzler

Re: Company liability for misuse of company recording device

You need to decide what your issue is? is it damages, which are very hard to quantify or misuse of company equipment which should require an alteration of your company's procedures? If it is damages, what kind of damages is she talking about, what did she say, who knows what she said,etc. It seems that you have a larger problem relating to an intraoffice romance between people who have some trouble controlling themselves and how they conduct themselves.

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Answered on 1/14/04, 1:42 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Company liability for misuse of company recording device

The company's exposure for liability. There would have to be proof that the company knew or should have known about tawdry activity.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 1/14/04, 4:20 pm


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