russian rocket Posted July 2, 2011 Report Share Posted July 2, 2011 long story short, a coworker attemtped to secretly record a conversation between me and another employee. i say attempted because she wasnt all to sneaky about placing the voice recorder in her computer bag, which is company property. she placed the voice recorder in her computer bag and walked out of the room. as soon as she left i opened the bag to confirm it was a voice recorder and it was recording. is what she was doing legal or illegal. the guy i was having a conversation with does not get along with her at all. i get along with her just fine. i think she was trying to catch the other guy talking bad about her. like i said, she was not present after she started recording and neither one of use consented to being recorded. Quote Link to comment Share on other sites More sharing options...
Guest Spam Posted July 2, 2011 Report Share Posted July 2, 2011 Definitely a terminable offense. It violates ohio wiretap laws which must make the person present, or peoples present, know before hand that they are being recorded. You could get her fired for this. Quote Link to comment Share on other sites More sharing options...
Major_golf Posted July 2, 2011 Report Share Posted July 2, 2011 Wrong dumb ass in Ohio only one party has to know the convo is being recorded example If I call you and recorded our conversation with out telling you it's fine because I knew it was recorded As for a non phone conversation no one has to know it's being recorded. It could be put off as harassment but good luck trying that one Quote Link to comment Share on other sites More sharing options...
Major_golf Posted July 2, 2011 Report Share Posted July 2, 2011 It cool though James we will just write that one up as a brain boost leak Quote Link to comment Share on other sites More sharing options...
KillJoy Posted July 2, 2011 Report Share Posted July 2, 2011 Wrong dumb ass in Ohio only one party has to know the convo is being recorded example If I call you and recorded our conversation with out telling you it's fine because I knew it was recorded As for a non phone conversation no one has to know it's being recorded. It could be put off as harassment but good luck trying that one The conversation did not include the one recording.... :dumb: KillJoy Quote Link to comment Share on other sites More sharing options...
Mr. Jones Posted July 2, 2011 Report Share Posted July 2, 2011 It cool though James we will just write that one up as a brain boost leak Shhhhhhhhhhhhh Quote Link to comment Share on other sites More sharing options...
Rocky31186 Posted July 2, 2011 Report Share Posted July 2, 2011 you MUST be involved in the converstation.. So technically is it illegal if she dropped it and left.. Quote Link to comment Share on other sites More sharing options...
V8 Beast Posted July 2, 2011 Report Share Posted July 2, 2011 Its illegal. If she is part of the conversation she could have done it secretly (like stated 500 times). Being illegal trumps any internal rules HR may have. If its brought to their attention they have to act on it. Another question.. are you in a position to be able to inspect company property at your discretion? Quote Link to comment Share on other sites More sharing options...
russian rocket Posted July 2, 2011 Author Report Share Posted July 2, 2011 hmmmm.... Ohio Wiretapping Law Ohio's wiretapping law is a "one-party consent" law. Ohio law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Ohio Rev. Code § 2933.52. Thus, if you operate in Ohio, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. Additionally, consent is not required for oral communications (e.g., in-person conversations) where the speakers does not have a reasonable expectation of privacy in the communication. See Ohio Rev. Code § 2933.51. This means that you are free to record a conversation happening between two people in a public place such as a street or a restaurant, so long as you are not using sensitive recording equipment to pick up what you otherwise would not hear. the only consenting party was not present during the conversation. Quote Link to comment Share on other sites More sharing options...
russian rocket Posted July 2, 2011 Author Report Share Posted July 2, 2011 Another question.. are you in a position to be able to inspect company property at your discretion? yes, the computer bags are community company property, anyone can go into anyones bag with out consent btw, thanks for your help guys Quote Link to comment Share on other sites More sharing options...
Major_golf Posted July 2, 2011 Report Share Posted July 2, 2011 The conversation did not include the 2 being recorded.... :dumb: KillJoy It was not a phone conversation There are now laws on recording open conversations because they are not private. Every one can hear you. Now if they went to another room with no one in it locked the door and some one recorded the conversation it would be illegal Quote Link to comment Share on other sites More sharing options...
russian rocket Posted July 2, 2011 Author Report Share Posted July 2, 2011 It was not a phone conversation There are now laws on recording open conversations because they are not private. Every one can hear you. Now if they went to another room with no one in it locked the door and some one recorded the conversation it would be illegal we were in the computer room where we transmit data from out handhelds and the door was closed after she walked out. also according to the law you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. Quote Link to comment Share on other sites More sharing options...
copperhead Posted July 2, 2011 Report Share Posted July 2, 2011 As soon as she walked out the door it became illegal. As far as public versus private conversation, if they were alone in a room that is a private conversation. This was absolutely illegal. If it were me, I would call HR and ask them if they think you should call the police over it, and see how bad they flip out :gabe: Quote Link to comment Share on other sites More sharing options...
Guest Spam Posted July 2, 2011 Report Share Posted July 2, 2011 You are a full fledged idiot, Chris. Things more technical than moving a 55 gallon drum around or rebuiling a carb you should stay away from. For the sake of yourself and others. Quote Link to comment Share on other sites More sharing options...
V8 Beast Posted July 2, 2011 Report Share Posted July 2, 2011 If it were me, I would call HR and ask them if they think you should call the police over it, and see how bad they flip out :gabe: This :lolguy: Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted July 3, 2011 Report Share Posted July 3, 2011 Ohio Rev. Code Ann. § 2933.52 clearly states that intercepting, recording or disclosing the contents of a wire, oral or electronic communication is illegal unless you were in an area where there was not a reasonable expectation of privacy in that communication or: she was a participant in the conversation being recorded has obtained the consent of at least one participant or if accompanied by a criminal or tortious intent. So unless you were both plotting a crime, then you should go to HR and request they address it as you're considering contacting an attorney regarding a civil suite. Quote Link to comment Share on other sites More sharing options...
Guest Hal Posted July 3, 2011 Report Share Posted July 3, 2011 Ohio Rev. Code Ann. § 2933.52 clearly states that intercepting, recording or disclosing the contents of a wire, oral or electronic communication is illegal unless you were in an area where there was not a reasonable expectation of privacy in that communication or: she was a participant in the conversation being recorded has obtained the consent of at least one participant or if accompanied by a criminal or tortious intent. So unless you were both plotting a crime, then you should go to HR and request they address it as you're considering contacting an attorney regarding a civil suite. This. The expectation of privacy is what gets a lot of people. If this happened outside or in a common area, there was no expectation of privacy. If this happened as you said, you had an expectation of privacy and she violated that. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted July 3, 2011 Report Share Posted July 3, 2011 shady fucking bitch Quote Link to comment Share on other sites More sharing options...
unfunnyryan Posted July 3, 2011 Report Share Posted July 3, 2011 Blackmail her for nudes. Quote Link to comment Share on other sites More sharing options...
Kawboy1647545515 Posted July 3, 2011 Report Share Posted July 3, 2011 As with most any crime there actually has be be some damages done for it to have been committed otherwise it's just "intent". In her case she was likely just recording to see if you were talking bad about her because she is paranoid and thus did not damage either of you in any way. If she succeeded in her recording and tried to use it against you then you could use the power of the law to protect yourself but unless she actually did something with it, no crime was committed. She could simply say she is forgetful and started the recording before leaving the room (when she was party to it) and forgot to turn the recorder off. In the eyes of the law it's worthless to pursue but it is something that you could take up with HR and she would most likely get a written warning about it. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted July 3, 2011 Report Share Posted July 3, 2011 As with most any crime there actually has be be some damages done for it to have been committed otherwise it's just "intent". In her case she was likely just recording to see if you were talking bad about her because she is paranoid and thus did not damage either of you in any way. If she succeeded in her recording and tried to use it against you then you could use the power of the law to protect yourself but unless she actually did something with it, no crime was committed. She could simply say she is forgetful and started the recording before leaving the room (when she was party to it) and forgot to turn the recorder off. In the eyes of the law it's worthless to pursue but it is something that you could take up with HR and she would most likely get a written warning about it. So by your thinking the police can go around secretly recording peoples conversations until they catch them in the midst of making a drug or arms deal with no warrant needed since they were not intending to use the recordings for anything illegal? Their excuse would then be ooops, we forgot to turn the recorder off after the shift ended? Actually, the law does hold that privacy is the key factor. Taping a person without their consent is a violation of her privacy and punishable in civil court. I do not have to prove damages for you to be guilty. You can't go around recording private conversations like she did here and claim no intent. A general rules is that if people are engaged in a conversation where they reasonably expect privacy the statute protects that conversation. Quote Link to comment Share on other sites More sharing options...
99BlownYellowGT Posted July 3, 2011 Report Share Posted July 3, 2011 If this is the way she behaves I would do anything in my power to get rid of her or she will likely cause more problems down the road. Quote Link to comment Share on other sites More sharing options...
99FLHRCI Posted July 3, 2011 Report Share Posted July 3, 2011 As with most any crime there actually has be be some damages done for it to have been committed otherwise it's just "intent". In her case she was likely just recording to see if you were talking bad about her because she is paranoid and thus did not damage either of you in any way. If she succeeded in her recording and tried to use it against you then you could use the power of the law to protect yourself but unless she actually did something with it, no crime was committed. She could simply say she is forgetful and started the recording before leaving the room (when she was party to it) and forgot to turn the recorder off. In the eyes of the law it's worthless to pursue but it is something that you could take up with HR and she would most likely get a written warning about it. So if I walk into a bank with a gun and demand money and the teller tells me no and I leave defeated there was no damage so no crime right? If I walk into a bar carrying a gun, no damage is done so no crime right? Quote Link to comment Share on other sites More sharing options...
Rocky31186 Posted July 3, 2011 Report Share Posted July 3, 2011 did you rewind the tape to see who else she recorded? Quote Link to comment Share on other sites More sharing options...
Fubar231 Posted July 3, 2011 Report Share Posted July 3, 2011 did you rewind the tape to see who else she recorded? best post yet. see what else that bitch has been doin Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.