Q: Can a school district covertly record you to let you go?
So a coworker of mine was transferred because they caught her on camera not getting her work done, which is pretty bad on its own. But my real question really is if that’s legal? I looked online for a while to search for answers but the conclusion I have came to is that covert recording is illegal unless both parties consent to it. Does this apply here ? I really don’t feel comfortable working here after that revelation. I was told by my supervisor about this information so in my opinion I feel like that holds some weight. Thank you!
A:
In California, it is generally illegal to record a person without their consent, according to California Penal Code Section 632. This law applies to confidential communications, which include conversations where there is a reasonable expectation of privacy.
However, in the context of a workplace, the legality of video surveillance depends on several factors:
1. Reasonable expectation of privacy: If the recording takes place in a public area or an area where employees do not have a reasonable expectation of privacy, such as a common workspace, it may be legal.
2. Company policies: If the company has clear policies in place that inform employees about the existence and scope of video surveillance, the recording may be permissible.
3. Purpose of the surveillance: If the surveillance is for a legitimate business purpose, such as ensuring workplace safety or monitoring productivity, it may be allowed.
4. Consent: If employees have given their consent to be recorded, either explicitly or implicitly (e.g., by continuing to work after being informed of the policy), the recording may be legal.
It's important to note that audio recording without consent is generally prohibited in California, even in the workplace, unless it falls under specific exceptions.
If you have concerns about the legality of the surveillance in your workplace, you should consider:
1. Reviewing your company's policies regarding video surveillance and employee monitoring.
2. Discussing your concerns with your supervisor or human resources department.
3. Consulting with an employment law attorney for specific legal advice tailored to your situation.
If you feel uncomfortable working in an environment where you believe illegal surveillance is taking place, you may want to consider your options, such as raising the issue through appropriate channels or exploring alternative employment opportunities.
A:
Video surveillance by an employer of employees in the workplace is not unlawful. That would be unlawful only if the video is taken in inherently private areas like dressing rooms or bathrooms.
Audio surveillance is lawful if the employees are made aware that a recording is occurring.
Note: Penal Code section 632 only applies to audio recording.
Good luck to you.
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