Our small company is being sued for discrimination against someone who has a felony and not hiring them in the state of Wisconsin.
Their evidence is a recorded phone conversation (with no consent to record the conversation) between the company in California and the person who is suing who is in Wisconsin.
Wisconsin is a state requiring one party notification and California is a state requiring two party notification. Federal Law requires only one party notification - would that prevail since the call was accross state lines. The call originated in California.
One other point to note even though Wisconsin is a state requiring one party notification - the law also states: A recording on the phone made from a out of state call or made to an out of state party, has to have the party informed of the recording and his consent or the tone on line, every 15 seconds, or a consent in writing before the recording is started.
Will this hold up in court? Would it hold up in a Wisconsin Dept. of Workforce hearing with a Administration Judge?
Their evidence is a recorded phone conversation (with no consent to record the conversation) between the company in California and the person who is suing who is in Wisconsin.
Wisconsin is a state requiring one party notification and California is a state requiring two party notification. Federal Law requires only one party notification - would that prevail since the call was accross state lines. The call originated in California.
One other point to note even though Wisconsin is a state requiring one party notification - the law also states: A recording on the phone made from a out of state call or made to an out of state party, has to have the party informed of the recording and his consent or the tone on line, every 15 seconds, or a consent in writing before the recording is started.
Will this hold up in court? Would it hold up in a Wisconsin Dept. of Workforce hearing with a Administration Judge?
