Q: Can I sue my boss for recording phone calls?
In New York State is it illegal for my boss to record phone calls I have with clients without my consent or the clients consent and is it legal for them to have cameras with audio in the buisness without staff consent?
A:
The first question is what are your damages? How will you prove them?
Were you using your employer's phone and or electronics? If you were on the clock what does your employer's policy state? Was the policy uniformly applied.
Seek legal counsel.
A: While New York's wiretapping law is a "one-party consent" law and it is a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. (Penal Law §§ 250.00, 250.05) and there was no consent in your case, there may be an exception if the employer owns the phone equipment and you are on company time, in which case there is no expectation of privacy and therefore no cause of action.
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