Sunday, March 04, 2018

Blind Item #2

This agency head is scared he has not crossed all his t's and dotted all his i's and that a woman will come forward and expose him or one of his underlings for their previous behavior. He has a team of a dozen people who randomly listen in on phone conversations of all employees and monitor e-mails. Of course none of his clients know he is doing this and would probably take a walk from the agency if they did know.

25 comments:

HoneyRyder said...

Jim Toth

Adrian Zmed said...

Technically all of what he is doing is legal I believe, as long as it is his employees conversations.

We've had a couple blinds imply Toth is no Boy Scout and that Reese may know more than enough to leave.

sandybrook said...

I think you have to let the other person know they are being recorded.

Christina said...

When it comes to surveillance, there are one-party and two-party consent states. In Texas, only one person has to know a conversation is being recorded. In California, both parties have to know. That's why when you call a help desk or customer support line here they always inform you right up front that the call may be recorded. Can an employer listen in on calls? Only if all of the parties have been adequately informed. Reading employees email may be different. I think that's company property.

Sand1 said...

True. Full disclosure is necessary or not admissable.

apple_seed said...

.... and they live in Nashville. Not sure the laws in TN.

Han Niam said...

When it’s an employer situation, all they need is a line in an employee handbook saying communications are company property/may be monitored. Then they have employees sign a paper stating they have read and received the handbook or document. Whether they have actually read it or not.

T. W. said...

+1 to Christina and Han Niam.

I wanted to add that student e-mail is not private either.

Christina said...

I did a dive into the laws that govern this. Eavesdropping is different than recording. An employer is allowed to listen in on employees' calls without necessarily telling the second party. (To *record* the call, they absolutely need to to inform the second party though.) So this surveillance is more unsavory than illegal for the clients. Meaning, if they clients knew, they'd likely walk, not sue -- like the blind says.

T. W. said...

@Christina - Thanks! I have worked for employers who have done this but the employees knew about the eavesdropping "for training purposes."

notthisagain said...

California where CAA Jim Toth is based is a two consent state you need consent of both parties otherwise it’s illegal. This is definitely illegal.

Sal Salington said...

Yep, California is two party consent. Merely informing employees is not enough, both parties must be notified.


Adrian Zmed said...

There are T's and an I (that would be dotted). I wonder if that is part of the clue for Toth.

Justin said...

Not when it’s your company and your phones and email server. You’re entitled to be privy to anything anyone does on company time.

aseay said...

+1

sarah.estell said...

You are all assuming he is doing it for a legal reason. He’s listening so that he can have the heads up if anything is coming at him. Obviously,he’s not worried about the laws of consent.

rsj said...

It is an agency though. The CLIENTS are being spied on through the employees. That changes things a little bit, because if the clients ever find out they will most likely fire the agency.

Jennacheryl said...

If they have a quality monitoring disclosure then they are covered, even if it's pre recorded. If not then they are boned.

Kno Won Uno said...

This.
If the company is paying for the phones (both landline & cell) and email system, they can listen to/read any interactions/correspondence those systems were used for. It’s work property, including conversations.

Kno Won Uno said...

This seems to be a difficult point for some folks to grasp.

Kno Won Uno said...

Even in a one party permission state? In this case, the one party is the employer.

Kno Won Uno said...

It’s entirely possible that there’s a disclaimer in the company’s contracts, such as “by signing this agreement, you understand that some or all of your communications with employees of the agency may periodically be recorded or otherwise monitored”....
In which case it’s perfectly legal.

Kno Won Uno said...

+1

Kno Won Uno said...

Or one of this little email disclaimers tacked on to signature files that no one ever reads.
I’m chronically amazed that people don’t understand how legal disclaimers work.

Christina said...

@Kno Won Uno -- True all that! It all depends on the contract language and who knows what these people signed. There's a great episode of South Park called "HUMANCENTiPAD" in Season 15 where Kyle "Agreed by Accident" to iTunes terms and conditions that turn out to be torturous. Anybody who likes South Park and is interested in contract law will love this episode.

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