Is recording conversations in the workplace legal in CA?

Asked in Walnut Creek, CA - about 2 years

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?

Attorney Answers (3)

Steven Alan Fink

Newport Beach Real Estate Attorney

Licensed in CA

2

0

Answered about 2 years ago. 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

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