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Recording conversations as deliberate entrapment at work?

San Francisco, CA |

Recently at work a coworker approached me and asked me if I enjoyed a certain activity. The question was abrupt and asked without any precursor. When I asked him why, he pressed harder, even offering me an opportunity to engage. Throughout this period I noticed him playing with his cell phone behind his back. I declined. I believe now the associate attempted to deliberately record me admitting to behavior that is strictly prohibited in our workplace. We work at a retail chain as salespeople, a very public place. Still, do I have any rights here? Was what he did entrapment? What should I say if it happens again?

Attorney Answers 1


  1. In CA it is illegal to record a confidential communication without the consent of all the parties. As for "entrapment" is generally applies In criminal law, where a law enforcement agent induces a person to commit an offense that the person would otherwise have been unlikely to commit. Therefore, entrapment does not apply in this situation. You may want to notify your employer that a co-worker attempted to record the conversation.

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