Is recording conversations in the workplace legal in CA?

Lisa and Den are colleagues. They don’t get alone with each other. Lisa once recorded their conversation and showed it to their manager to against Den. Can Lisa do this? Can Den suit Lisa for recording their conversation without his permission? I would like to know the legality of an employee recording conversations in the workplace without the other employees’ knowledge. Is this legal in CA?

Walnut Creek, CA -

Attorney Answers (3)

Steven Alan Fink

Steven Alan Fink

Real Estate Attorney - Newport Beach, CA
Answered

CA Penal Code Section 632 makes it a crime to record any confidential communication in CA, whether it is in workplace or not. Key is that one of the parties has a reasonable expectation of privacy. If only two of you are present and no third party can overhear, there is reasonable expectation of privacy.

You can get civil penalties under Section 637.2 and can seek criminal charges as well.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA
Answered

This question has the flavor of a homework question...

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
Jonathan Patrick Beck

Jonathan Patrick Beck

Chapter 7 Bankruptcy Attorney - Oceanside, CA
Answered

Not only is it illegal if there is an expectation of privacy, any recording is inadmissible in court.

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