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Recording conversations

Discussion in 'Termination: Firing & Resignation' started by Butterfly2018, Jun 14, 2018.

  1. Butterfly2018

    Butterfly2018 Law Topic Starter New Member

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    In VA can your manager suspend you for recording conversations at work in which you are a party? Is that not your legal right?
  2. zddoodah

    zddoodah Well-Known Member

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    Yes, it can happen. It would also be legal to do so.

    You're confusing something not being illegal and that thing being a "right."

    It is true that Virginia is a so-called "one party" state, which means that any party to a in-person or phone conversation may legally record the conversation without the consent of the other person(s) involved. In so-called "two party" states, it is a crime to record such conversations without the consent of all persons involved.

    However, just because what you did isn't a crime doesn't mean you have a legal "right" to do it. More importantly, just because what you did isn't a crime doesn't mean your employer may not legally discipline you. For example, it's not a crime to curse people out, but you can be darn sure that most employers will suspend or fire employees who curse out customers or vendors over the phone. You don't think you have a "right" to do that just because it's not a crime, do you?
  3. mightymoose

    mightymoose Well-Known Member

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    I agree with the above.
    You may be lucky it was only a suspension.

    I can imagine what likely happened. If you want to record something it is best to not wave it in the other persons face. That just leads to arguments and anger. Be more discreet and nobody will ever know the difference and you won't be suspended.
    Disabled Vet likes this.
  4. adjusterjack

    adjusterjack Super Moderator

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    Yes. What hasn't been touched on here is called "employment at will." That means you can be fired for any reason or no reason as long as it doesn't involve violations of any employee protection laws.

    While it is legal to tape a conversation to which you are a party it is not a protected activity under any employment laws.

    By the way, if you have been suspended without pay, file for unemployment.

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