Employers routinely monitor telephone conversations at their place of business.  However, an employer can be exposed to civil and criminal penalties unless the other party has advance notice that his call may be monitored.  For this reason, it is imperative that your employee handbook contains wording to the effect that “calls may be monitored for business purposes.” 

If you are an employer who routinely monitors calls, you should be aware that you must immediately stop monitoring any call that becomes personal in nature, even if it was originally a business call.  Be aware of all federal and state laws that apply to you, and understand that if the call comes from out of state, you are bound to respect that state’s laws as well.  We can give you an overview of the requirements posed by your state laws.

When others notify you that they intend to tape your conversations, you might be wise to make your own “backup” recording, particularly if the conversation will be inflammatory in nature.  Be sure to get the other party’s consent.

Our Risk Management Team specializes in producing an employee handbook that handles “all of the little specifics” you might otherwise forget to include.  It’s just one example of how using our expertise allows you a little extra breathing room.