Legal Question in Sexual Harassment in California

conversation recording

I was accused of sexual harrasment by another individual in the work place. This individual had a tape recorder and is saying that this individual has me on tape saying this. Is this leagal? Can she really tape record me with out my permission?


Asked on 9/24/08, 11:24 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: conversation recording

Can she? She did, didn't she?

However, such recording without permission is generally not admissible in court, and also may be illegal, and also may violate company policy. It sometimes might be admissible if for the purpose of documenting planning or commission of a crime, but sex harassment is not a crime.

Thus, the tape is probably not usable. But, you're an 'at will' employee that can be fired anytime for any reason, including someone making an allegation of harassment against you, tape or not. Most companies will investigate, and may, and should, fire you if they think the charges could be true. If they conclude the charges are false and fabricated, then they should discipline the accuser, not you.

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Answered on 9/26/08, 2:11 pm


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