Laws regarding recording phone calls

[JudyBlueEyes]

Hello,

I am not sure if I'm posting this in the right place, but I am seeking advice regarding phone call recordings. I live in a 2-party consent state, and the company I represent (I am1099) is recording my outbound and inbound phone calls without consent of the other party. Many of these phone calls contain sensitive information, and I am uncomfortable with having these conversations documented.

This "company" is also not complying with other rules/regulations it seems, so I am looking to expose them in the appropriate manner.

Would any of you have some advice for me? My concern is that since I'm not an "employee", my claim may not hold much weight. However, the law is the law, and it is my understanding that what they are doing is fraudulent.

Thank you!

 

[cbg]

Since these laws are very much state specific, we need to know exactly which state you are in before we could respond. It's not enough to tell us it's a two-party state; we need to know WHICH two-party state as not all the details are the same from state to state.

 

[JudyBlueEyes]

Since these laws are very much state specific, we need to know exactly which state you are in before we could respond. It's not enough to tell us it's a two-party state; we need to know WHICH two-party state as not all the details are the same from state to state.

Florida

 

[adjusterjack]

I live in a 2-party consent state, and the company I represent (I am1099) is recording my outbound and inbound phone calls without consent of the other party.

Illegal per Florida statute 934.03.

Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

This "company" is also not complying with other rules/regulations it seems, so I am looking to expose them in the appropriate manner.

Make sure you have another job lined up as blowing the whistle on your boss will get you fired. Even though that's illegal, it will be done at some future date and it will be subtle and you aren't likely to be able to do anything about it without spending many thousands on a lawyer.

My concern is that since I'm not an "employee", my claim may not hold much weight.

It would carry weight with your local District Attorney. Unfortunately, by allowing this to continue you may be charged as an accessory so make sure you get written immunity from prosecution before you provide details.

However, the law is the law, and it is my understanding that what they are doing is fraudulent.

Given your employer's propensity for breaking the law I'm wondering if you might not also be illegally misclassified as an independent contractor. Put "IRS independent contractor" in your search engine and you'll find out all you need to know about that.

 

[JudyBlueEyes]

Illegal per Florida statute 934.03.

Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)



Make sure you have another job lined up as blowing the whistle on your boss will get you fired. Even though that's illegal, it will be done at some future date and it will be subtle and you aren't likely to be able to do anything about it without spending many thousands on a lawyer.



It would carry weight with your local District Attorney. Unfortunately, by allowing this to continue you may be charged as an accessory so make sure you get written immunity from prosecution before you provide details.



Given your employer's propensity for breaking the law I'm wondering if you might not also be illegally misclassified as an independent contractor. Put "IRS independent contractor" in your search engine and you'll find out all you need to know about that.

This is something I've been looking into as well! I have been given set hours with instructions on how/when to do my work. I am commission only, no benefits, however I "feel" like an employee although I signed at 1099. I want to report them for this, but anonymously. I am working to get a job lined up for January

 

[adjusterjack]

I have been given set hours with instructions on how/when to do my work

Which does not necessarily mean employee.

I am commission only,

Which does not necessarily mean independent contractor.

Please answer the following questions.

What do you do for this company?
Do you have any professional designations or licenses?
Do you perform these services for others?
Do you bill the company by invoice?
If not, then how are you paid?
Do you have a business name?
Do you use Schedules C (business income and expense) and SE (self-employment tax) on your taxes?

Those are only part of the criteria and the answers could go either way or suggest other questions.

 

[cbg]

Florida

Not according to your IP address.

 

[JudyBlueEyes]

Which does not necessarily mean employee.

Which does not necessarily mean employee.



Which does not necessarily mean independent contractor.

Please answer the following questions.

What do you do for this company?
Do you have any professional designations or licenses?
Do you perform these services for others?
Do you bill the company by invoice?
If not, then how are you paid?
Do you have a business name?
Do you use Schedules C (business income and expense) and SE (self-employment tax) on your taxes?

Those are only part of the criteria and the answers could go either way or suggest other questions.

Which does not necessarily mean independent contractor.

Please answer the following questions.

What do you do for this company?
Do you have any professional designations or licenses?
Do you perform these services for others?
Do you bill the company by invoice?
If not, then how are you paid?
Do you have a business name?
Do you use Schedules C (business income and expense) and SE (self-employment tax) on your taxes?

Those are only part of the criteria and the answers could go either way or suggest other questions.

1) Sell Real Estate
2) Yes, a Real Estate License
3) Yes
4) No
5) Have not been paid. Will receive a check from the brokerage
6) No
7) Not sure. I have only been with the company a short while

 

[army judge]

Florida

HMMM, I see MN.

 

[adjusterjack]

1) Sell Real Estate
2) Yes, a Real Estate License
3) Yes
4) No
5) Have not been paid. Will receive a check from the brokerage
6) No
7) Not sure. I have only been with the company a short while

Even if you are not in Florida your answers suggest that you are a "statutory non-employee" according to the IRS and, therefore, an independent contractor.

There are three categories of statutory nonemployees: direct sellers, licensed real estate agents and certain companion sitters. Direct sellers and licensed real estate agents are treated as self-employed for all Federal tax purposes, including income and employment taxes, if:

• Substantially all payments for their services as direct sellers or real estate agents are directly related to sales or other output, rather than to the number of hours worked, and
• Their services are performed under a written contract providing that they will not be treated as employees for federal tax purposes.

Statutory Nonemployees | Internal Revenue Service (irs.gov)

Do you use Schedules C (business income and expense) and SE (self-employment tax) on your taxes?

7) Not sure. I have only been with the company a short while

Then it's critical that you go to the IRS website and download Schedule C and its instructions and Schedule SE and its instructions. And whatever you can find about quarterly estimated taxes.

Publications and Forms for the Self-Employed | Internal Revenue Service (irs.gov)

It's best to start studying now rather than getting burned next April. The forms and instructions will show you how to keep appropriate records to justify your expense deductions.

It might be wise to engage a tax pro, while it's still not the busy season, to guide you.

 

[Tax Counsel]

Hello,

I am not sure if I'm posting this in the right place, but I am seeking advice regarding phone call recordings. I live in a 2-party consent state, and the company I represent (I am1099) is recording my outbound and inbound phone calls without consent of the other party. Many of these phone calls contain sensitive information, and I am uncomfortable with having these conversations documented.

This "company" is also not complying with other rules/regulations it seems, so I am looking to expose them in the appropriate manner.

Would any of you have some advice for me? My concern is that since I'm not an "employee", my claim may not hold much weight. However, the law is the law, and it is my understanding that what they are doing is fraudulent.

Thank you!

Report the company if you want some action taken by the state. I'd suggest starting with the state attorney general's office. It will decide if it wants to pursue a phone recording violation. Are all your calls to Florida residents? As an independent contractor the company may terminate your services at any time unless you have a contract that prohibits that. You won't get unemployment should the company fire you because independent contractors are NOT covered by unemployment. If you want to determine if you've been misclassfied as an independent contractor, I suggest contacting an employment law attorney for advice. The federal Department of Labor is another resource, but only addresses federal law.

Florida is a state provides minimal employee protection, let alone independent contractors. So I suspect you won't have a shot at an illegal retailiation claim.

 

[Tax Counsel]

Then it's critical that you go to the IRS website and download Schedule C and its instructions and Schedule SE and its instructions. And whatever you can find about quarterly estimated taxes.

While there is a lot of information there, it is not organized in a way that is meant to provide a good explanation of the employee vs. independent contractor issue. IRS publication 15-A provides a very detailed discussion of the issue in plain English. Likewise, those Schedule C instructions are mainly geared toward helping taxpayers with the form. The IRS has a comprehensive publication for self-employed persons, Pub 334, Tax Guide for Small Business.

 

[JudyBlueEyes]

HMMM, I see MN.

Where does it say that?

 

[JudyBlueEyes]

Report the company if you want some action taken by the state. I'd suggest starting with the state attorney general's office. It will decide if it wants to pursue a phone recording violation. Are all your calls to Florida residents? As an independent contractor the company may terminate your services at any time unless you have a contract that prohibits that. You won't get unemployment should the company fire you because independent contractors are NOT covered by unemployment. If you want to determine if you've been misclassfied as an independent contractor, I suggest contacting an employment law attorney for advice. The federal Department of Labor is another resource, but only addresses federal law.

Florida is a state provides minimal employee protection, let alone independent contractors. So I suspect you won't have a shot at an illegal retailiation claim.

Thank you for your help!

 

[cbg]

Where does it say that?

That's where your IP address says you are posting from.

 

[JudyBlueEyes]

That's where your IP address says you are posting from.

Weird.....I've never even been to MN

 

[welkin]

Weird.....I've never even been to MN

Are you using a VPN (Virtual Private Network)?

 

[cbg]

I mention it because state law really does matter in this instance. We have had people who have been afraid if they post their actual state their employer, spouse, neighbor, what-have-you, will be able to identify them so they list a different state. If (and I am not accusing you of lying - just explaining why I'm making an something of an issue of this) you were actually in Minnesota but listed Florida to avoid identification, and you tried to apply FL laws to a MN situation, you could get yourself in trouble. I accept your word as to where you are, but I did want to bring the discrepancy to your attention because it really does make a difference in recording issues.

 

[JudyBlueEyes]

I mention it because state law really does matter in this instance. We have had people who have been afraid if they post their actual state their employer, spouse, neighbor, what-have-you, will be able to identify them so they list a different state. If (and I am not accusing you of lying - just explaining why I'm making an something of an issue of this) you were actually in Minnesota but listed Florida to avoid identification, and you tried to apply FL laws to a MN situation, you could get yourself in trouble. I accept your word as to where you are, but I did want to bring the discrepancy to your attention because it really does make a difference in recording issues.

That makes sense! No, I am definitely in the state of Florida. I actually moved here for this position...which is why I am having so many questions. Thank you for your help!