Legal Question in Employment Law in California

Hello I live in California. I am involved in an unemployment appeal as the ex employee. I was terminated because of a cell phone policy but it was past practiced that we can use cell phones at a certain time. Anyway I wanted to call my ex employers posing as an employee to record the conversation and get the employer to say the "past practiced policy" the employer did in fact say what i wanted him to say and it was recorded. before I did so, I asked a sheriff (While she was on duty) if it was legal to record him without him knowing and she said yes its legal because he is representing the company and not HIMSELF so there is no privacy violation. IS THIS TRUE??


Asked on 2/25/10, 11:06 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Recording anyone without their consent is both a state and federal crime. The recording could not be used in court, and your attempt to do so could result in charges being filed against you. If no one knows you did this, keep it that way.

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Answered on 3/03/10, 10:59 am


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