Legal Question in Criminal Law in West Virginia

Re: Surveillance

It is not illegal to have a video camera in the workplace.

As for the audio that raises other issues. In West Virginia it is legal to monitor or record conversations if one of the parties to the conversation consents. It is illegal to eavesdrop without the consent of any party to the conversation. The consenting party can be the same person doing the monitoring or recording. In other words, it is legal to record your own conversations with others without telling the others or gaining their consent, but illegal to monitor and record conversations totally between others without the consent of at least one of those others.

I am confused by your post because it makes inherently contradictory claims: (1) That the employees don't know about the equipment and have not consented to its existence and (2) That as an employee you know about it. Obviously, those both cannot be true.

As for your final question, yes, the employer has the right to require you to consent to monitoring of the workplace as a condition of your employment. You can refuse to consent but the employer does not then have to continue to employ you. Moreover, even if YOU refuse to consent it would be legal to monitor the conversation you have with someone else who has consented or with a group that includes one person who has consented.