Hobe Sound, FL asked in Civil Rights and Employment Law for Florida

Q: can a coworker video record your conversation on their cellphone without your knowledge and sent it to your corporate

video recording sent to district manager and corporate office during a private emotional conversation with a coworker and after that coworker quit their employment they sent video without my knowledge, I was written up by employer and signed a disciplinary conduct form .Do I have any violation rights on this incident? Thank you

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You description is a bit vague, but it sounds like your coworker, without your consent, video and audio recorded a private conversation you had with him/her, then after the coworker quit, he/she sent that video/audio recording to your employer without your consent, and solely due to that recording surfacing, you were disciplined. If so, you likely have a potential claim against your former coworker for invasion of privacy. One important consideration there would be collectibility of any potential money judgment. Additionally, the coworker likely committed a crime by audio-recording you (as part of the video) without your consent, subjecting him/her to potential arrest/prosecution if you were to contact law enforcement. If you're wondering if the employer can discipline you based on the recording, you'll need to consult an employment law lawyer.

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