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Old 04-12-2008, 10:46 AM
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Default privacy law

I was told upon termination that one of the reasons was a private telephone conversation had been recorded and the contents of that phone conversation were stated, I had previously been advised that the company does not listen in to personal phone calls by another one of my supervisors , and was actually given permission at that time(approach 4 or 5 months earlier)that it was "OK" to make a personal phone call from my desk (call center environment) I was given that permission when I asked to take my break early to make a call from a pay phone, I was told quote, Go ahead and make the call from your desk , if your worried about it being recorded the company does not do that with personal calls. I realize that Florida is an "at will " state and my dispute is not with the company's right to terminate, I am just concerned about the admission of listening to a private conversation and relaying to me the contents of that call is a federal violation to the privacy law, (did my internet research) and that approx one month previously I had just received a merit evaluation and a 1.83% pay increase, could it be that the contents of the call that they admitted listening to , and who knows how many other calls were also heard, could have contributed to the decision? How does someone go from a raise , to fired in a little over a month?

just wanted to vent and see if anyone thinks that I should pursue this, or just get on with my life and find another job, I am especially angry because I was with the company for five years, and due to that fact I am going to have to include this job in my resume, and try to explain this to my next employer (if I find, one)
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Old 04-13-2008, 08:34 PM
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Originally Posted by hayang View Post
I was told upon termination that one of the reasons was a private telephone conversation had been recorded and the contents of that phone conversation were stated, I had previously been advised that the company does not listen in to personal phone calls by another one of my supervisors , and was actually given permission at that time(approach 4 or 5 months earlier)that it was "OK" to make a personal phone call from my desk (call center environment) I was given that permission when I asked to take my break early to make a call from a pay phone, I was told quote, Go ahead and make the call from your desk , if your worried about it being recorded the company does not do that with personal calls. I realize that Florida is an "at will " state and my dispute is not with the company's right to terminate, I am just concerned about the admission of listening to a private conversation and relaying to me the contents of that call is a federal violation to the privacy law, (did my internet research) and that approx one month previously I had just received a merit evaluation and a 1.83% pay increase, could it be that the contents of the call that they admitted listening to , and who knows how many other calls were also heard, could have contributed to the decision? How does someone go from a raise , to fired in a little over a month?

just wanted to vent and see if anyone thinks that I should pursue this, or just get on with my life and find another job, I am especially angry because I was with the company for five years, and due to that fact I am going to have to include this job in my resume, and try to explain this to my next employer (if I find, one)

Reread your posting.

First you state when you were fired, ONE of the reasons you were given was yada yada. Obviously, there were more than one reason---and assuming any one of them was grounds enough for termination makes the discussion of the phone call irrelevant.

Secondly, you state you had permission to make "A CALL"--one call. The way you recount the details, it appears as though the supervisor gave you permisson to make one call, perhaps perceiving some exigent circumstance. However, your last statement says "who knows how many other calls" were listened to. Do you REALLY think a call center wants people regularly using the business phones for personal calls? Also, there is no way you could prove what a 'supervisor' gave you permission to do. Besides, when you were hired, you were undoubtely told the rules and I suspect one was NO PERSONAL CALLS. This means that NO supervisor has the authority to supercede the rules made by the employer.
Also, you state you worked there for four or five years and didn't know the rules? You mean after five years you suddenly decided to make a call out of the blue? Or had you been making them all along?

You also say you did "internet research"--on what? What did you search and what did you find that you think is grounds for citing illegal action on the part of your employer? Federal violation of what privacy law? I don't think you necessarily have a right to privacy on your employers phone. Right To Privacy In The Workplace In The Information Age states: " Privacy for Consumers and Workers Act, that while not banning electronic monitoring, does protect employees by granting them the right to know, i.e., the employee must be given notice, when they are being monitored or recorded electronically by their employer while performing their job. "
However, since you know the call center environment and presumably know that calls YOU are making with whomever it is you are calling/speaking with are recorded, it makes sense that they would record you, too--I mean--how would they know the difference between YOU making a personal call and you making a business call?
Include the particulars of the employee handbook ---and cite what protocol you followed BEFORE the recorded call incident. Also begging to be asked---does the conversation that was recorded reflect poorly on the employer, or reflect on your feeling about working there? In other words, maybe they wouldn't have minded "Hi, honey, pick up a gallon of milk after work, Bye!" but they would mind, "This STUPID JOB---I can't believe I have four more hours of this to do before FREEDOM!!" See the difference?

All these things are relevant.

Last edited by GentleGrace : 04-13-2008 at 08:40 PM.
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