Recording Employee / Customer Phone Calls - Legal Issues?

California is a two party state, meaning that both parties employees and customers) are required by law to be informed that they are being recorded. Although, a conversation can be recorded if there is that annoying, loud, obvious 'beep' during the convo (basically tells those in convo that its being recorded).

Violation is punishable by a fine of up to $2,500, imprisonment for not more than one year, or both. A civil plaintiff may recover the greater of $3,000 or three times the amount of any actual damages sustained.

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if they just listen then no legal problems will occure. they will never going to be able to use it in court or anything like that.

at the most this will lead them to something else that can be proved by some other means. say if they hear something and go back to look through the tape. but you will never prove that they havnt just caught it on the tape.

or if they would hear something and decide to fire somebody, they most likely just look for a good reason for some time and get rid of person, but it is not going to be based on the recorded calls.

and as far as if it is legal, of course, its their property - they can do whatever, and as long as they are not using it as an evidence of anything, then there is nothing illegal.

I believe the law states that as long as one party is aware they are being recorded it is legal. So if neither party knows about the recording I'm sure it would be illegal, not to mention unethical and rude. I can't imagine any reason why management can't tell their employees AND their customers that they are being recorded.

yes, they do have potential legal problems. Federal law requires some sort of notification for wiretapping (or recording). This "notification" requirement has been construed broadly, meaning any kind of vague notification will do, but it has to be there in some form or other.