Phone Recording Legalities

[Karel]

Recently an employee at my business was involved in a domestic violence issue here in the state of New Jersey. The other person involved in this issue got a restraining order against her, and she hours later got one against him. Yes this actually is how it happened. So one day he accidentally called her at her place of work (my business). He was talking in the background or something but it was clearly a mistake that he even called her. She recorded him over my business line which doesn't claim to monitor calls. Now I'm aware to the one party recording laws but am not aware if this applies to businesses. Also just out of curiosity, she recorded him having a conversation with a friend of his from what I gather. Since she recorded a conversation that she was an accidental party to can I be held liable since my business line was used?

[Einian]

Quoting aresflyer10



You clearly don't know what you're talking about if you say that. As I talked to my lawyer I can be held liable because it was an employee of my business.







NJ law, in part:

2A:156A-4.
Lawful interception activities; exceptions

4. It shall not be unlawful under this act for:

d. A person not acting under color of law to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception unless such communication is intercepted or used for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State or for the purpose of committing any other injurious act.
The fact that such person is the subscriber to a particular telephone does not constitute consent effective to authorize interception of communications among parties not including such person on that telephone.
Any person who unlawfully intercepts or uses such communication as provided in this paragraph shall be subject to the civil liability established in section 24 of P.L.1968, c.409 (C.2A:156A-24), in addition to any other criminal or civil liability imposed by law;

2A:156A-24.
Civil action for damages, attorney's fee by persons whose communications are intercepted unlawfully

24.
Any person whose wire, electronic or oral communication is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person who intercepts, discloses or uses or procures any other person to intercept, disclose or use, such communication; and shall be entitled to recover from any such person:

a. Actual damages, but not less than liquidated damages computed at the rate of $100.00 a day for each day of violation, or $1,000.00, whichever is higher;

b. Punitive damages; and

c. A reasonable attorney's fee and other litigation costs reasonably incurred.


L.1968,c.409,s.24; amended 1993,c.29,s.20.

If she was a party to the conversation, she can tape it. I see no legal distinction on where it was taped, whether she taped it at home or at your business?

Employers, as a general rule, are liable for the unlawful/tortious acts of thier employees in the "course and scope of thier employment". I see no violation if she was called and taped it. Even if she unlawfully did, the CASE law would determine if liability is imputed to you by Respondeat Superior or any legal doctrine of similar import and whether you can be rightly named as a defendant or joinder.

[rheged]

Why would you be responsible for what he did? How were you involved, other than by running a business, having employees, and paying the phone bill?

[Biaiardo]

And your lawyer may be right, based upon information you haven't told us or haven't stated clearly. That's why we ask questions.

[Willhard]

You might also need another choice to make.<br />
If you like to length oneself from any issues, I'd suggest telling, via your lawyer, another occasion that this type of saving exists and ending the worker that set your company in this responsibility position.<br />
This really is no distinct when she was utilizing the organization mail to deliver him terroristic threats.<br />
The very best choice would be to length oneself from that person.

[Barden]

You clearly don't know what you're talking about if you say that. As I talked to my lawyer I can be held liable because it was an employee of my business.