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Telephone Monitoring

  1. It is legal for an employer to monitor employees' use of the company's phones for business purposes.

  2. Let employees and outside callers know in advance that such monitoring will take place.

  3. Stop listening as soon as it is apparent that personal, private details are being discussed - handle from there as a disciplinary matter.

  4. As long as one party to a conversation knows it is being recorded, it is legal to record it (this applies to in-person recordings as well).

  5. Be on guard against surreptitious recording of conversations in the workplace - it is legal for an employer to prohibit possession or use of recording devices in the workplace.

  6. Frank B. Hall Company v. Buck case - a company was hit with a defamation lawsuit after bad statements were made in the context of job reference calls.

  7. For more details, click here.


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