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Can an employee record another employees conversation without them knowing

Jacksonville, FL |

just trying to cause trouble

Attorney Answers 2


No. There are criminal and civil remedies for this activity.

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Generally, Florida law prohibits a person from recording a conversation without permission. If they play that conversation to another person, it can be a crime as well as a "tort" for which you can get damages. There are some exceptions because the person recorded without permission has to have a "reasonable and legitimate expectation of privacy," and that can depend on the situation. If there was a discussion going on about how to steal from the company, for example, a court would be unlikely to find that a person did not have a reasonable expectation of privacy in the conversation. There might be no expectation of privacy if the conversation was occurring in the lunchroom, or another place where a lot of people would overhear it.

If you have been damaged by this kind of activity, you should probably consult an attorney.

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1 comment

Heather Morcroft

Heather Morcroft


There is also a federal statute prohibiting this conduct and providing for civil remedies and fines.

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