Conversation on speaker phone

[humblepie]

What is the name of your state? Ga.

Can someone please tell me if the law allows an individual to put a telephone conversation on 'speaker' without informing the other party?

I recenty had a lengthy phone conversation with my general manager concerning my employment with the company. When I reported to work later that day I discovered that another employee had been present and that my conversation with my manager had been on speaker phone.

I know that the laws in most states allow someone to record a conversation but does the same law cover speaker phones?

Thanks in advance for any information you can provide me.

Humblepie.

 

[quincy]

In Georgia, the consent of only one party is needed to intercept or record a conversation - if your General Manager was a part of the conversation, then having the conversation on speaker phone was not illegal. However, and here is where it gets tricky, it IS illegal to intentionally and "in a clandestine manner" OVERHEAR the private conversations of others that originate in a place where one is expected to be safe from intrusion, which puts the other employee in a questionable position. Georgia courts have interpreted the statute to allow someone who is a party to the conversation to divulge the contents of the conversation anyway, so I have NO IDEA how they would interpret your situation. From an ethical standpoint, your employer should not have put the conversation on speaker phone, or should have excused himself and had the other employee leave the room while he took your call. But ethics and legalities are two different things.
You live in a state with some seemingly contradictory laws (Georgia specifically prohibits being a "peeping tom", for instance, but then said a manager of a store was within legal rights to view people in a restroom....), so I would wait for another answer to your question from someone who lives in Georgia, as well, or contact a lawyer or legal clinic in your state for a definitive answer.

 

[xylene]

You can't here the difference between speaker phone and regular telephone?

You boss was allowed to 'put you on speaker' and as the conversation was about work you have almost nil expectations of privacy anyway.

If the party who 'overheard' your conversation is behaving inappropriately with any information, you should voice that concern with Management / HR...

 

[Ozark_Sophist]

For whatever reason, the general manager apparently wanted a witness to the conversation. This is a common practice.

 

[humblepie]

Thanks Quincy, that was helpful. Would the fact that the conversation was initiated on speaker have any relevance?

xylene, with the plethora of phones and the varied reception quality it isn't always immediately obvious that one is on speaker.

I understand that my GM wanted a witness to the conversation and would not have objected to the other employee (my immediate supervisor) being present however I would have used a little more discretion had I been informed.

The subject matter was the terms and conditions under which I would continue my employment with the company. My GM made the statement that he felt "backed in a corner" and did not appreciate my stance. (I found myself in a position to negotiate for a better salary after being told by my supervisor that if I left they would be "totally screwed")

Now I'm concerned that my supervisor was privy to certain information that I relayed during the converstation which could result in a hostile work environment. And, if the relationship between us deteriorates, I want to have all my ducks in a row should legal recourse be in order. I hope it doesn't come to that but I do want to CMA!

 

[moburkes]

Your definition of a hostile work environment and the legal definition do not match.

 

[Ozark_Sophist]

Did you not expect the conversation to be reported to your supervisor? This was not a privileged conversation protected by confidentiality

 

[humblepie]

I would expect anything work related to be passed on to my supervisor but I also expect personal and private information that I relayed to my GM to be held in confidence. It is the personal information that was discussed that may cause difficulty down the road. When the discussion diverted from work related matters to personal matters I feel that the GM should not have allowed the conversation to continue knowing that my supervisor was present.

For example, if I were dealing with a family members' medical problems I would feel responsible to inform my GM because of the possiblity that I might have instances where I would need to re-arrange my work schedule. My supervisor does not make my schedule and therefore I do not feel the responsibility of informing him. Am I wrong in feeling that I should have been informed that the conversation was not confidential?

From previous lunch-time conversations with my supervisor I know that he has a strong opinion about certain matters. Now he has information about myself and my family that I feel will affect our working relationship.



Can someone give me the legal definition of a hostile work environment?

 

[moburkes]

The law does not require "privacy" for most work situations. The definition includes the work place being hostile because of your race, gender, disability, etc.

 

[cbg]

A hostile work environment exists ONLY if you are being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin etc.).