Legal Question in Employment Law in Pennsylvania

Voicemail recording

My boss went into my voicemail box without permission. He listened to and recorded voicemails from another employee. He has sent the voicemails to himself and possibly others. He has played them for two people outside the company. Isn't recording a conversation without permission illegal and could this be slanderous? Do either of us have any recourse against our boss?


Asked on 2/12/08, 7:36 am

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: Voicemail recording

No. You have no recourse. Your work voicemails are not yours. They belong to work. And, they were absolutely recorded WITH permission--the person leaving the message KNEW they were being recorded, right? So, that's out. Finally, there is no slander case. Slander is the publishing of false and damaging facts about someone. A defense to slander is if the facts are true. In this case, since the person who left the message was probably not lying, but leaving an honest (but sensitive) message, there is no case for slander. So, (1) you have no ownership in your v-mail at work; (2) the v-mails are not illegal; (3) they are not slanderous; but they are probably (4) very embarassing. Unfortunately, just being embarrassed by itself is not criminal, and it is not actionable in a civil suit.

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Answered on 2/12/08, 9:39 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Voicemail recording

You asked about voicemails at work.

It is unlawful for a person to make a recording of another person without that person's consent in many circumstances in PA. In this case, the person new they were making a recording.

It is probably lawful for an employer to access an employee's voicemail as the manager of that employee. If the employee sought the voicemails for improper purposes (such as seeking an obvious personal message) then there may be cause for action. If the employer distributes an obviouls personal recording beyond those in the direct management of the employee then that may also be actionable under several claims.

Generally communications at work are not privileged from an employer.

If you thinks there still is a cause for action you should consult with me or any other competent lawyer to discuss your options.

Regards,

Roger

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Answered on 2/12/08, 10:25 am


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