Legal Question in Civil Rights Law in Tennessee

Business Phone Recording

I run a business out my home under a DBA. We use our home phone number as the business number also, which we count off our taxes. I recently placed a recorder on the phone to monitor calls of my employees. However, I discovered information about someone other than an employee, without their knowledge. Is this legal or am I in violation of personal privacy? If I were to legally persue this person, could I use the recording in court? Thanks and I look forward to your reply.


Asked on 11/23/04, 3:54 pm

2 Answers from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: Business Phone Recording

You are on very dangerous ground and I highly suggest that you contact an attorney as to how to proceed, including but not limitted to your 5th amendment rights.

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Answered on 11/23/04, 4:16 pm
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Business Phone Recording

First of all, if you use a home telephone for business use, you are not allowed to deduct the cost of the home phone from your taxes. The IRS assumes everyone needs and uses a personal line, which is not deductible. You can only deduct the cost of adding a new business line and monthly charges for it.

You have violated a federal law by recording employee conversations without knowing it. Under no circumstances should you act on or otherwise use the information you retrieved. You would be fortunate to get out of this message by destroying your tapes and removing the recording system immediately. I can't believe you took the law into your own hands this way. How would you like it if an employer or doctor or someone else recorded your phone calls without telling you?

Michael A. S. Guth

http://riskmgmt.biz/prose.htm

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Answered on 11/23/04, 7:13 pm


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