Q: As an employer in CA, do we have to report that one of our EEs illegally recorded a convo w her mgr to use against her?
Do we need to notify law enforcement? Are we obligated to inform the employee whose phone call was recorded? Are we allowed to listen to the recording? Are we allowed to take action based on the contents of the recording?
A:
California Penal Code section 632 makes it both a misdemeanor crime and a civil wrong to record a conversation with someone who believes they are involved in a private communication. As with all crimes, other citizens do not have a legal duty to report the crime has occurred.
As to your use of the recording that you believe has been captured unlawfully, or taking action based on the contents of that recording, the general answer is yes, you may, assuming you were not in some way complicit in the scheme to record the call. Keep in mind that if you in any way knew the recording was going to occur, or you in some way coached the conduct, such that the recording as in the course and scope of employment, your company may have violated the penal code.
Good luck to you.
A: it is a crime to record without permission, but you have no obligation to report.
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