Staten Island, NY asked in Employment Law for New York

Q: I caught my boss recording me at work 5 times already. I work at a private college in NY. Is it illegal?

I told him to stop trying to spy on me and told his boss, plus HR. I don't think they are going to do anything. What can I do, since I have a HR meeting on Friday to defend myself?

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Assuming you are not a union member what do your policies and procedures say about recording? Anything? If you called me and decided to record our conversation without telling me, in New York State, no worries. You can do it and I would never know and even if I did know there would be nothing I could do about it.

You should familiarize yourself with the schools's policies and procedures and follow them closely. No union, no contract, not a government employee means that your employer needs NO reason to let you go. NONE. That's true and many employees are shocked that is the law.

If you have not been fired, not demoted, lost no pay how would you prove discrimination with some type of damages, even if there was "discrimination" of some type which you have not mentioned?

Make sure you have great performance evaluations because the first thing most of us ask potential clients is to see a potential client's evaluations. If they are poor there's not much that can be done many times. You might consider looking around and good luck.

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