Q: Can I be audio recorded without consent in a 2 party consent state?
I deliver in Illinois, a 2 party consent state. I wasn't made aware that the video camera in my vehicle records audio until I found out last week. I also deliver in Missouri. Would it be worth it to sue my employer since I signed no agreement and wasn't verbally notified my audio was being recorded? What rights do I have to my image and audio if I leave the company? What can lyxt/drivecam the manufacturer of the cameras do with my information?
Whether it is worth suing will depend upon the following:
1. What is your goal?
2. How much will it cost to sue?
3. What are your chances of prevailing?
4. What damages would you be awarded if you win,
5. Does the IL statute have a provision entitling you to receive reasonable attorney’s fees if you prevail?
6. How much is you tolerance for risk and what risks would litigation entail.
It depends. Although Illinois is a tow party consent state for audio recordings. I am certain that there is a small print language somewhere in your employment contract, agreement, notices and employee file that specifically address the employer's intent and scope of controlling or being privy to that communication during the performance of your professional duties.
Also, I venture to says that even generally, in the vehicle operated professionally there could be a notice that the communication may be monitored and or recorded by the employer for professional purposes.
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