Legal Question in Employment Law in New Jersey

Legality of Tape Recording Phone Conversations

I work for a NJ company who has now instructed me to start tape recording some of my collection phone calls but are not allowing me to inform the customers of this before I proceed. I'm looking to find out if this procedure is legal or whether it would be considered entrapment or neglect of the customers rights. Also i'm not 100% sure whether they are taping my conversations with other people in the office, especially with managers and basic discussions over accounts and statuses. Thank you for your time.

Asked on 3/19/98, 10:16 pm

1 Answer from Attorneys

Phyllis Ahmadia Ahmadia & Carey

legality of tape recording telephone conversations

I am licensed in Hawaii and cannot give you legal advice regarding New Jersey statutes. I can advise you that such recordings of a conversation are not illegal per se under the 4th and 14th amendments because there is no expectation of privacy when one of the persons involved in the coversations makes a tape recording (just as a criminal has no expectation of privacy when a undercover agent is wired). However, you should consult your local statutes, that is New Jersey statutory laws. Your telephone company may point you in the right direction or ask your local university or law library (usually at the courthouse) to help you find the statutes!

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Answered on 4/01/98, 11:53 pm

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