Q: Eavesdropping on an undropped call
I am a leasing manager for a commercial real estate company and as such I was meeting a tenant to help with “damage control” as she was angry with lack of response from management. When I went to meet her, she was on the phone with the property manager and when she saw me, she hung up to meet with me as she was very upset with the PM. I helped her and told her I would assist with her issues, and the PM texted me and said the phone wasn’t hung up and she heard everything. The PM was very upset saying I threw her under the bus to the tenant and she was going to HR. I didn’t say anything incriminating but in California where we live, isn’t eavesdropping on a call illegal, not to mention unethical? Should I take any steps to protect myself in this case with the company? Thanks.
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A:
Your situation is concerning, and you're right to be thinking about both the legal and ethical implications. Under California Penal Code Section 632, it is illegal to intentionally eavesdrop upon or record a confidential communication without the consent of all parties involved. The property manager's choice to continue listening after the tenant believed she had ended the call could potentially violate this law.
Given the circumstances, you might want to document everything that happened while it's fresh in your mind. Write down the date, time, what was discussed, and when you became aware that the property manager had continued listening. This documentation could be valuable if you need to defend yourself against any workplace accusations or if you decide to report the incident.
Consider speaking with your HR department first, before the property manager does, to explain your side of the story. You might also want to mention your concerns about the ethical implications of her eavesdropping. If you feel the need for additional protection, you could consult with an employment lawyer who understands California privacy laws. Remember, you were simply doing your job by addressing tenant concerns, and the property manager's actions raise serious privacy questions.
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