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Tale of the tape: Beware acting on recorded conversations

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in Human Resources

Employers are sometimes tempted to monitor and record employees’ communications and activities. That can backfire.

Fact is, there are limits on how employers can monitor employees. The 7th Circuit Court of Appeals recently addressed whether an employer may be liable for recording an employee’s private conversation in the workplace.

In McCann v. Iroquois Memorial Hospital (622 F.3d 745, 7th Cir., 2010), the court decided a lawsuit brought by an employee and former employee under the federal Wiretap Act (18 U.S.C. §§ 2511, 2520), which prohibits intentionally intercepting an oral conversation and intentionally disclosing or using the contents of such a conversation while knowing it was unlawfully intercepted.

Tape left running?

In February 2006, Valerie McCann went to Iroquois Memorial Hospital to visit Dr. Leslie Lindberg. McCann needed Lindberg to sign checks for the Independent Physicians Association, where they both worked...(register to read more)

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