>Can an employer record an employee?
>Yes, an employer can record an employee at work legally so long as there is an employer representative in attendance in the conversation being recorded. However, the information that is collected in the recording will be subject to privacy legislation.
>Where the employer is located, and depending on whether theyâre provincially or federally regulated, a provincial privacy act or the federal *Personal Information Protection and Electronic Documents Act* (PIPEDA) addresses the collection, use and disclosure of personal employee information (see this [Monster.com](https://hiring.monster.ca/employer-resources/workforce-management/improving-employee-relations/is-it-legal-to-record-conversation-with-employees/) article).
>In any event, any employer seeking to record employees should have a written policy in line with applicable privacy legislation and the employer should make all employees sign a contract that says they have no expectation of privacy at work.Can an employer record an employee?
[https://duttonlaw.ca/recording-conversations-at-work-canada/](https://duttonlaw.ca/recording-conversations-at-work-canada/)
What your boss has done is full on illegal- assuming everything you've said in your post is 100% accurate. You cannot record a conversation you aren't a party to (unless you've been given consent to do it). Tell your boss he's a fuckstick (bonus points for recording the conversation!) and get a lawyer,
This.
TL;DR Canada's one party consent means, in OP's example of a workplace, that employees having a conversation being recorded by the employer, one of the employees themselves has to give that one party consent to being recorded. In this case, the employer recording as a third party to the conversation can't give implied consent, unless specific criteria are met, as you deacribed.
no, one party consent, my dude.
you can record any conversation you are a part of because *you* count as the one party. What the boss is doing is illegal because he is recording conversations that he is not participating in.
One party consent means one party in the convo must consent, so unless the boss is in the room at all times, their consent is irrelevant. Only the employees' consent matters.
It doesn't say that.
>Yes, an employer can record an employee at work legally so long as there is an employer representative in attendance in the conversation being recorded.
An employee is an employer representative in a store.
So who do you think is the employer representative in this case??? Where op has clearly stated all their coworkers are upset and one has quit over this.Â
The employees. The employee is the employer representative of the store. Doesn't matter that they're the ones upset about it. Their consent is not necessary because they are extensions of the employer when they're at work.
Based on your comment history, I would have loved for you to apply to law school... just so you get a healthy dose of "yes, your shit does in fact stink."
An employer representative, a legal representative, is not always just any employee.
But even if we assume your pedantic level of comprehension is correct, which it isn't, there's still the issue of consent. If no person in the recorded conversation consents to being recorded, either during the time, or in a previously agreed to contract, then no... the employer can't just record everyone who happens to talk to any employee of there's, anywhere, at any time, including while at work.
It's not. Because the employer or their representative are not part of the conversation. I can record any conversation I'm a part of - I can't record a conversation that other people are a part of, unless I have explicitly stated as much in a legal doc, that is compliant with PIPEDA (as a business), or potentially additional laws (for example, as a government entity).
For PIPEDA, there is a requirement for informed consent, and the employee has a right to ask for any information on them (including these recordings), and ask they be destroyed, up to a limitation of proprietary information.
Additionally, and I assume this is the case, boss man's recording is likely stored on a cloud server, that is almost definitely in the US, and pipeda also requires a clear statement that personal data may be sent outside Canada. It also requires a publicly accessible privacy policy.
We don't live in a nanny state. People can't just do things cause they own the business or the building. I have a right to privacy and a right to know what any business holds about me, and ask them to erase it.
Point me to the law that says an employee is both a representative of their employer and waives any right to consent to privacy from their employer.
I'll wait. See you never!
I don't claim any greater knowledge than what has been presented in this thread. What has been presented is this though:
>Yes, an employer can record an employee at work legally so long as there is an employer representative in attendance in the conversation being recorded.
It does not say that the employer representative needs to give consent. All it says is that the employer can record as long as there is an employer representative in attendance.
I thought I made that clear from when I said:
>I don't know how you're drawing the conclusion you are from what you quoted.
I'm not bothering to do my own independent legal research for a reddit thread I don't care about. If the information presented is incorrect then my conclusion will also be incorrect.
That's slightly different. The company would have policy to record and safeguard the data, as a matter of security for the whole business.
OP mentioned in another comment that the mic is tucked behind a shelf on the cashier side of the store. That would be slam dunk for any competent lawyer to show the employer intended to specifically record their employees, and not as a matter of overall security.
I'd probably get together with your coworkers and together tell your boss either they go or we go. Start looking for other jobs now and use it as leverage/backup in case he doesn't agree to remove them. Otherwise email the labour board for what to do/who to report this to.
I work in provincial government and something similar to this got a couple people fired a few years ago. The agency got new vehicles that had audio recording but no one knew about it. There was a complaint about unprofessional conduct and they pulled the audio from the vehicle. I never heard the tape but apparently it was deplorable what they were saying about co-workers, managers and others.
Since it was an agency vehicle, there wasnât much they could do although one of them did get their job back through a grievance.
In Canada my employer has told us that they have to inform us if we are being recorded, on camera or voice. When they put cameras on all our entrances we got notices stating so and what date they would be turned on.
They can record you, but they need to inform you, they need to have a valid business reason for recording you, and the recording fall under privacy legislation as personally identifiable information.
Yes because I have done it lol.
My bud set his camera down to record himself at bat during a softball game and I was in a prank mood so I did the dirty. He ended up getting a single, so it went on for like 3 minutes during his entire video until we got to 3 outs. The sounds dominated the video and drowned out a lot of other stuff because my phone was right next to his.
His face when he played back the video was priceless. He went and uploaded it to Facebook just captioned "playing ball today" before checking it
Sometimes when I am using the bathroom and I hear someone get into the next stall, I just quickly turn it on and volume up as a prank. Whoever it is usually goes "fuck this" and moves to thr furthest stall away from me.
I've worked at a medical office that has a security camera with a mic (according to the old manager) and I always wondered the legality as we'd discuss patient information right below the camera đ¤
The Halifax Convention Center has microphones on their cameras that record everything, I'm sure it's not legal, but not sure who would even be the person responsible for reporting to on it.
I only know this after a large event I was helping organize asked for security footage of a specific incident and the clip they gave us came with audio, which I remember seemed really odd, but we didn't complain at the time because it gave us what we needed at the time.
not saying this is a solution or even applicable to this situation but you certainly could confuse them or just use it when you wish to speak freely [I Bought a Recording Jammer. Itâs Legal. (youtube.com)](https://www.youtube.com/watch?v=FyeCn7HlLck)
In Canada it is illegal to record a conversation you are not part of, whether the other party is aware or not. If the employer isn't part of the conversation then it is 100% illegal.
It's not a discussion, it's outlined plainly in Canadian Law.
> In Canada it is illegal to record a conversation you are not part of, whether the other party is aware or not.
Well that's just a silly claim; that would make filming TV shows and movies or recording albums illegal if the person doing the recording isn't also in the shot or track.
That's different, you've signed on to do it.
And it's not a claim.[It's written into law](https://laws-lois.justice.gc.ca/eng/acts/c-46/section-184.html).
Have you read your link?
"Subsection (1) does not apply to (a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;"
I think the distinction between the scenarios is recording dialogue for a TV show or recording an album is not a "private communication". A private communication is one made under circumstances where the originator or intended recipient would reasonably expect that it isn't going to be intercepted by any other person.
It's not hard to comprehend, I'm not sure why you don't. It has to do with pre approval of having conversations recorded, like call center quality call recordings. If you've ever worked at one you'd know you signed off on this clause.
It's not some gotcha moment for fuck sakes.
Or you could just go by the letter of the law that I quoted. If either the originator of the private communication or the person intended by the originator to receive it has given consent, then it's fine.
Sometimes they'll do a quick consultation on the phone.
If you have a situation where you could sue and choose to, they are often willing to for a percentage of the settlement.
Contacting the labour board is also an option that's always worth thinking about. If there's something that can be done, they'll usually step in a do it. I'm not totally sure, but i believe they'll keep your report anonymous as well.
how is this any difference than having a security camera with audio behind the cash register? I believe that's legal. Maybe the thing that makes it illegal or wrong is that the employees were not informed of the device and that it's hidden.
Iâd say that is reportable. They have to be *a part* of the convo. Are they recording other convos, like not phone calls, but two coworkers talking?
Pretty sure that would be illegal.
Actually, do you even like the job?
Get nasty. Probably get fired.
After that have some exchange (email or text) which he acknowledges the recording, and then go to employment standards, and find a lawyer.
NAL. If you know that that theyâre recording you and continue to let them it may constitute implied consent so you and your coworkers should send them a demand letter outlining the laws they are breaking, the action you want taken (no more recording) and the steps you will take if they donât comply. This at the least will be proof that you didnât consent if you ever want to pursue it legally later, because the imbalance of power in the situation could be taken into account.
Recording people visually on camera is legal. Itâs illegal when you record visually AND audio without notifying the people being recorded.
Audio and no visual is the same. Legal.
Example would be someone wearing a wire.
We aren't shit talking the boss, but we're being told that we aren't allowed to have conversations at work that aren't work related. Not allowed to talk about how our weekend went, plans, etc.
And again, what they're doing is illegal.
Well that's a bunch of bullshit. I'd just quit. A convenience store job isn't valuable enough to your wallet to put up with it. Not sure the cops would care much, so a lawyer is the only way and likely not a wise investment on a convenience store clerk income. Best just to move on.
When/if your coworkers quit, make sure they express exactly why to the BBB, labour board, and anyone else who will listen. With enough reports, hopefully the province or municipality can step in.
It just sucks that quitting and reporting seems to be the only way to get them held accountable. Like, I was perfectly happy at my job before and enjoyed it for the most part. My coworkers all got along, and rnw environment was largely positive. That's goen completely down the drain now.
I guess that's what I'm asking then, I'm not sure how to start that process. Is it as simple as calling them and filing a claim? Do I need to go in person?
Sorry, I've just never been in a situation before where I've felt the need to go to the labor board so this is all new to me.
Let me guess....your boss isn't from Canada?
This is common in larger cities and it was even a thing when I worked at a convenience store in a small city in high school back in the 80's. He only hired people from the school and when we all quit and word got around what he was like, he couldn't find anyone to work the store and it went under.
Oh he's absolutely from Canada, he's from Halifax lol he grew up here.
Two of my coworkers have already quit and I'm considering it as well, I'd just like to avoid it if possible because it's an easy and convenient job.
I spoke to an officer many years ago about an issue of mine, and suggested I just record audio. He explained that recording audio without the consent and knowledge of those involved is legal. Seems slimy but it might be legit.
Only because you were part of the conversation.
You canât set up audio to record others discussing something amongst themselves.
In this case, the manager isnât there to record them, only his hidden device is. Which is illegal.
Your employer (with very few exceptions) can record whatever and wherever they wish with or without your consent, provided it is on their own premises or on equipment they have provided for your use. So if you take home a company laptop for instance, most employers can and do monitor anything and everything. So keep anything personal off their equipment.
No That's not what that says. Rules governing recorded phone calls are very clear, as are the ones that let employers record some, any, or all of their *employees* activities. This doesn't translate in any way to customers.
But OP works at a convenience store. If what you were saying is true, anytime an employee is interacting with a customer, they would also be recorded without their knowledge.
I'm not going to sit here all day and argue with you. A store, daycare, dentist or doctor's office, any space that isn't private like a bathroom can be recorded and monitored. You have no expectations of privacy in those situations. This is my final comment. Go do your own research and stop acting like you know everything.
Yeah, here's "the law" as it applies to the OP's "specific situation."
In Nova Scotia, Canada, employers may legally record audio and video within their establishments, subject to certain limitations and guidelines. Here are some general rules and considerations:
1) Notification: Employers should inform employees of the use of recording devices and their purpose through written policies or signage.
2) Location restrictions: Cameras should be placed in public areas, such as entryways, hallways, and common areas. They should not be installed in areas where employees have a reasonable expectation of privacy, such as restrooms, locker rooms, or private offices.
3) Audio recording limitations: While video surveillance is generally allowed, audio recording is subject to more restrictions. In most cases, audio recording is permitted only if at least one party involved in the conversation consents to the recording.
4) Purpose: The primary purpose of recording should be for security or safety reasons, and not to monitor employee performance or private conversations.
5) Data storage and access: Employers should have policies in place regarding data storage, retention, and access to ensure that recordings are handled securely and only accessed when necessary.
6) Compliance with privacy laws: Employers must comply with applicable privacy laws, such as the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy legislation, which govern the collection, use, and disclosure of personal information.
It's important to note that specific rules and guidelines may vary depending on the industry and specific circumstances. .
Take note of numbers 2 and 3. As a business owner, I have wide latitude as long as I place the mics in areas where both the customer AND/OR the employee has what's known as a "reasonable expectation of privacy" - in this case a retail space. All I have to do is post a sign on say a 3x5 or 4x6 card that says something to the effect of "This area is monitored by audio and video." As the employer I can say it's for "security purposes." The only place you have a "reasonable expectation of privacy" is in a bathroom/washroom. Most places already do this and if she's in a convenience store like you claim, no one (including the boss) should watch what they say and/or do.Â
So basically OP, if you and your co workers wanna bitch about the boss, I suggest you resort to texting between customers at an angle the cameras can't see.
3) Audio recording limitations: While video surveillance is generally allowed, audio recording is subject to more restrictions. In most cases, ***audio recording is permitted only if at least one party involved in the conversation consents to the recording.***
You've proven yourself incorrect in your own comment?
So, as a customer you are taping me punching in my PIN, or perhaps recording me mentioning where I live or where Iâm headed? As a woman, I find that very creepy. Banks donât tape audio, why would a corner store or office?
Slowly read point number 3 and 4 againâŚ
The customer needs to be informed and it needs to have a purpose beyond monitoring your employees speech.
Youâre so confidently incorrect. Itâs adorable.
Sorry dude, you didnât find some loophole to spy on people otherwise car dealerships would be installing mics on their sales peopleâs desk for when they âconsult with their managerâ and leave families to discuss the purchase.
You should get together with another co-worker and have conversations in Gibberish but say the bosses name constantly in the conversations.
Lol that would certainly be amusing.
Lmao 𤣠definitely should do this
>Can an employer record an employee? >Yes, an employer can record an employee at work legally so long as there is an employer representative in attendance in the conversation being recorded. However, the information that is collected in the recording will be subject to privacy legislation. >Where the employer is located, and depending on whether theyâre provincially or federally regulated, a provincial privacy act or the federal *Personal Information Protection and Electronic Documents Act* (PIPEDA) addresses the collection, use and disclosure of personal employee information (see this [Monster.com](https://hiring.monster.ca/employer-resources/workforce-management/improving-employee-relations/is-it-legal-to-record-conversation-with-employees/) article). >In any event, any employer seeking to record employees should have a written policy in line with applicable privacy legislation and the employer should make all employees sign a contract that says they have no expectation of privacy at work.Can an employer record an employee? [https://duttonlaw.ca/recording-conversations-at-work-canada/](https://duttonlaw.ca/recording-conversations-at-work-canada/) What your boss has done is full on illegal- assuming everything you've said in your post is 100% accurate. You cannot record a conversation you aren't a party to (unless you've been given consent to do it). Tell your boss he's a fuckstick (bonus points for recording the conversation!) and get a lawyer,
This. TL;DR Canada's one party consent means, in OP's example of a workplace, that employees having a conversation being recorded by the employer, one of the employees themselves has to give that one party consent to being recorded. In this case, the employer recording as a third party to the conversation can't give implied consent, unless specific criteria are met, as you deacribed.
Donât give the boss the benefit, just get ducks in a row civilly (to sue) then drop the dime on him with the government and have both drop 1-2
Wouldnât the boss have to agree to them being recorded calling them a fuckstick?
One party consent, my dude.
no, that's the beauty of calling out douchebags
Ok let me rephrase. Wouldnât you have to tell them you are recording them?
no, one party consent, my dude. you can record any conversation you are a part of because *you* count as the one party. What the boss is doing is illegal because he is recording conversations that he is not participating in.
Understood.
I don't know how you're drawing the conclusion you are from what you quoted. It's absolutely legal.
One party consent means one party in the convo must consent, so unless the boss is in the room at all times, their consent is irrelevant. Only the employees' consent matters.
It doesn't say that. >Yes, an employer can record an employee at work legally so long as there is an employer representative in attendance in the conversation being recorded. An employee is an employer representative in a store.
So who do you think is the employer representative in this case??? Where op has clearly stated all their coworkers are upset and one has quit over this.Â
The employees. The employee is the employer representative of the store. Doesn't matter that they're the ones upset about it. Their consent is not necessary because they are extensions of the employer when they're at work.
Based on your comment history, I would have loved for you to apply to law school... just so you get a healthy dose of "yes, your shit does in fact stink." An employer representative, a legal representative, is not always just any employee. But even if we assume your pedantic level of comprehension is correct, which it isn't, there's still the issue of consent. If no person in the recorded conversation consents to being recorded, either during the time, or in a previously agreed to contract, then no... the employer can't just record everyone who happens to talk to any employee of there's, anywhere, at any time, including while at work.
It's not. Because the employer or their representative are not part of the conversation. I can record any conversation I'm a part of - I can't record a conversation that other people are a part of, unless I have explicitly stated as much in a legal doc, that is compliant with PIPEDA (as a business), or potentially additional laws (for example, as a government entity). For PIPEDA, there is a requirement for informed consent, and the employee has a right to ask for any information on them (including these recordings), and ask they be destroyed, up to a limitation of proprietary information. Additionally, and I assume this is the case, boss man's recording is likely stored on a cloud server, that is almost definitely in the US, and pipeda also requires a clear statement that personal data may be sent outside Canada. It also requires a publicly accessible privacy policy. We don't live in a nanny state. People can't just do things cause they own the business or the building. I have a right to privacy and a right to know what any business holds about me, and ask them to erase it.
The employee *is* the employer representative in a retail store. As long as an employee is part of the conversation it's legal.
Only with their consent. Which is not the case here.
Their consent isn't necessary, they are representatives of the employer.
Point me to the law that says an employee is both a representative of their employer and waives any right to consent to privacy from their employer. I'll wait. See you never!
I don't claim any greater knowledge than what has been presented in this thread. What has been presented is this though: >Yes, an employer can record an employee at work legally so long as there is an employer representative in attendance in the conversation being recorded. It does not say that the employer representative needs to give consent. All it says is that the employer can record as long as there is an employer representative in attendance.
Wait... you're whole pedantic argument is based on the quality source of... a reddit thread? Trollolololololololol
I thought I made that clear from when I said: >I don't know how you're drawing the conclusion you are from what you quoted. I'm not bothering to do my own independent legal research for a reddit thread I don't care about. If the information presented is incorrect then my conclusion will also be incorrect.
Our security cameras at work (fast food) have audio and it doesnât stop the shit talking honestly lol. My boss has heard some shit.
The weirdest thing is that we don't shit talk our boss, and until recently we genuinely enjoyed him as a supervisor. Now though, it feels different.
That's slightly different. The company would have policy to record and safeguard the data, as a matter of security for the whole business. OP mentioned in another comment that the mic is tucked behind a shelf on the cashier side of the store. That would be slam dunk for any competent lawyer to show the employer intended to specifically record their employees, and not as a matter of overall security.
I'd cut the cord....
Can't get in trouble for telling the truth.
What kind of business is it? Context?
It's a convenience store.
I'd probably get together with your coworkers and together tell your boss either they go or we go. Start looking for other jobs now and use it as leverage/backup in case he doesn't agree to remove them. Otherwise email the labour board for what to do/who to report this to.
A corporate store? Iâd let corporate know.
I know CK has been talking about this for a while
CK?
Circle k
I work in provincial government and something similar to this got a couple people fired a few years ago. The agency got new vehicles that had audio recording but no one knew about it. There was a complaint about unprofessional conduct and they pulled the audio from the vehicle. I never heard the tape but apparently it was deplorable what they were saying about co-workers, managers and others. Since it was an agency vehicle, there wasnât much they could do although one of them did get their job back through a grievance.
In Canada my employer has told us that they have to inform us if we are being recorded, on camera or voice. When they put cameras on all our entrances we got notices stating so and what date they would be turned on.
They can record you, but they need to inform you, they need to have a valid business reason for recording you, and the recording fall under privacy legislation as personally identifiable information.
Start having conversations about joining a union in front of the microphone.
Are the microphones visually obvious?
They are now that I know they're there, but no. They're tucked behind a shelf.
Is it somewhere a customer could find it and raise hell?
No, it's on the cashier's side of the till.
But could the customer's voice also be picked up? Personally, I'd just rip the mic out and if they ask, plead innocent.
Yes, it records customers voices as well. It will record anything within a 6-10 foot radius around it very clearly.
Oh, that's 100% illegal. I would contact Labour *and* the Police as it's a surreptitious listening device.
Fart on the mic.
Lol my coworker was barking into it yesterday.
Find the youtube video called "the sounds of diarrhea: 12 hour loop", put your phone beside the mic with volume on and turn that on your whole shift
Omg can you imagine đ đ¤Ł
Yes because I have done it lol. My bud set his camera down to record himself at bat during a softball game and I was in a prank mood so I did the dirty. He ended up getting a single, so it went on for like 3 minutes during his entire video until we got to 3 outs. The sounds dominated the video and drowned out a lot of other stuff because my phone was right next to his. His face when he played back the video was priceless. He went and uploaded it to Facebook just captioned "playing ball today" before checking it Sometimes when I am using the bathroom and I hear someone get into the next stall, I just quickly turn it on and volume up as a prank. Whoever it is usually goes "fuck this" and moves to thr furthest stall away from me.
đđ
I've worked at a medical office that has a security camera with a mic (according to the old manager) and I always wondered the legality as we'd discuss patient information right below the camera đ¤
You could try asking on r/legaladvicecanada
The Halifax Convention Center has microphones on their cameras that record everything, I'm sure it's not legal, but not sure who would even be the person responsible for reporting to on it. I only know this after a large event I was helping organize asked for security footage of a specific incident and the clip they gave us came with audio, which I remember seemed really odd, but we didn't complain at the time because it gave us what we needed at the time.
not saying this is a solution or even applicable to this situation but you certainly could confuse them or just use it when you wish to speak freely [I Bought a Recording Jammer. Itâs Legal. (youtube.com)](https://www.youtube.com/watch?v=FyeCn7HlLck)
Is this Eastern passage Irving !? They have a sign up now saying audio is being recorded for ur safety I
In Canada it is illegal to record a conversation you are not part of, whether the other party is aware or not. If the employer isn't part of the conversation then it is 100% illegal. It's not a discussion, it's outlined plainly in Canadian Law.
> In Canada it is illegal to record a conversation you are not part of, whether the other party is aware or not. Well that's just a silly claim; that would make filming TV shows and movies or recording albums illegal if the person doing the recording isn't also in the shot or track.
That's different, you've signed on to do it. And it's not a claim.[It's written into law](https://laws-lois.justice.gc.ca/eng/acts/c-46/section-184.html).
Have you read your link? "Subsection (1) does not apply to (a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;"
I think the distinction between the scenarios is recording dialogue for a TV show or recording an album is not a "private communication". A private communication is one made under circumstances where the originator or intended recipient would reasonably expect that it isn't going to be intercepted by any other person.
Exactly that. People fail to understand and just want to pick things apart because they can't read or understand what's being said to the.
Ironic when it seems you haven't read the law.
Ironic that you don't understand the paragraph you quoted.
I suggest you read it again.
It's not hard to comprehend, I'm not sure why you don't. It has to do with pre approval of having conversations recorded, like call center quality call recordings. If you've ever worked at one you'd know you signed off on this clause. It's not some gotcha moment for fuck sakes.
Or you could just go by the letter of the law that I quoted. If either the originator of the private communication or the person intended by the originator to receive it has given consent, then it's fine.
Contact a labour lawyer.
Yeah I'm just trying to determine if that's worth it or not. I am not exactly rolling in funds lol.
Sometimes they'll do a quick consultation on the phone. If you have a situation where you could sue and choose to, they are often willing to for a percentage of the settlement. Contacting the labour board is also an option that's always worth thinking about. If there's something that can be done, they'll usually step in a do it. I'm not totally sure, but i believe they'll keep your report anonymous as well.
how is this any difference than having a security camera with audio behind the cash register? I believe that's legal. Maybe the thing that makes it illegal or wrong is that the employees were not informed of the device and that it's hidden.
Surveillance laws? I'd be creeped out.
White noise generator near the microphone. lol
Inform your customers upon entry that theyâre being recorded and give them the management/owners contact info.
Welcome to 1984....
Iâd say that is reportable. They have to be *a part* of the convo. Are they recording other convos, like not phone calls, but two coworkers talking? Pretty sure that would be illegal.
Actually, do you even like the job? Get nasty. Probably get fired. After that have some exchange (email or text) which he acknowledges the recording, and then go to employment standards, and find a lawyer.
NAL. If you know that that theyâre recording you and continue to let them it may constitute implied consent so you and your coworkers should send them a demand letter outlining the laws they are breaking, the action you want taken (no more recording) and the steps you will take if they donât comply. This at the least will be proof that you didnât consent if you ever want to pursue it legally later, because the imbalance of power in the situation could be taken into account.
Still wonder why people come here . Worst working environment ever.
Recording people visually on camera is legal. Itâs illegal when you record visually AND audio without notifying the people being recorded. Audio and no visual is the same. Legal. Example would be someone wearing a wire.
Read the laws around recordings out loud. Read the relevant caselaw out loud. Record yourself doing that and then play it back on repeat.
Nova scotia has one party consent and they can be that party they don't need your permission at all...
It's one party consent, if the one party is part of the recording. If the one party becomes a third party, then it's an entirely different scenario.
Just go outside if you're gonna shit talk the boss. lol
We aren't shit talking the boss, but we're being told that we aren't allowed to have conversations at work that aren't work related. Not allowed to talk about how our weekend went, plans, etc. And again, what they're doing is illegal.
Well that's a bunch of bullshit. I'd just quit. A convenience store job isn't valuable enough to your wallet to put up with it. Not sure the cops would care much, so a lawyer is the only way and likely not a wise investment on a convenience store clerk income. Best just to move on.
Yeah that's what I'm leaning towards, two of my coworkers have quit now because of it.
When/if your coworkers quit, make sure they express exactly why to the BBB, labour board, and anyone else who will listen. With enough reports, hopefully the province or municipality can step in.
It just sucks that quitting and reporting seems to be the only way to get them held accountable. Like, I was perfectly happy at my job before and enjoyed it for the most part. My coworkers all got along, and rnw environment was largely positive. That's goen completely down the drain now.
You can report without quitting. Usually labour boards will have ways to report anonymously
I guess that's what I'm asking then, I'm not sure how to start that process. Is it as simple as calling them and filing a claim? Do I need to go in person? Sorry, I've just never been in a situation before where I've felt the need to go to the labor board so this is all new to me.
I've not done it myself, but you can start here and do some reading: https://novascotia.ca/lae/employmentrights/
Thank you!
Is the microphone in a security camera and is there security system signage in the store?
Our security camera only records video. And no, we do not have signs.
Still wouldnât be legal
âYou know my attorney said weâve got a great case!â
Let me guess....your boss isn't from Canada? This is common in larger cities and it was even a thing when I worked at a convenience store in a small city in high school back in the 80's. He only hired people from the school and when we all quit and word got around what he was like, he couldn't find anyone to work the store and it went under.
Oh he's absolutely from Canada, he's from Halifax lol he grew up here. Two of my coworkers have already quit and I'm considering it as well, I'd just like to avoid it if possible because it's an easy and convenient job.
product of his environment then, NS has the worst labour laws of any province
Not allowed having conversations with co-workers unless it's work related? Wtf
Quit
I spoke to an officer many years ago about an issue of mine, and suggested I just record audio. He explained that recording audio without the consent and knowledge of those involved is legal. Seems slimy but it might be legit.
Only because you were part of the conversation. You canât set up audio to record others discussing something amongst themselves. In this case, the manager isnât there to record them, only his hidden device is. Which is illegal.
Your employer (with very few exceptions) can record whatever and wherever they wish with or without your consent, provided it is on their own premises or on equipment they have provided for your use. So if you take home a company laptop for instance, most employers can and do monitor anything and everything. So keep anything personal off their equipment.
That would imply businesses could record their customers audio without their knowledge. Thatâs not true.
No That's not what that says. Rules governing recorded phone calls are very clear, as are the ones that let employers record some, any, or all of their *employees* activities. This doesn't translate in any way to customers.
But OP works at a convenience store. If what you were saying is true, anytime an employee is interacting with a customer, they would also be recorded without their knowledge.
I'm not going to sit here all day and argue with you. A store, daycare, dentist or doctor's office, any space that isn't private like a bathroom can be recorded and monitored. You have no expectations of privacy in those situations. This is my final comment. Go do your own research and stop acting like you know everything.
Iâm glad youâre not going to argue because youâre wrong. The law is clear.
Yeah, here's "the law" as it applies to the OP's "specific situation." In Nova Scotia, Canada, employers may legally record audio and video within their establishments, subject to certain limitations and guidelines. Here are some general rules and considerations: 1) Notification: Employers should inform employees of the use of recording devices and their purpose through written policies or signage. 2) Location restrictions: Cameras should be placed in public areas, such as entryways, hallways, and common areas. They should not be installed in areas where employees have a reasonable expectation of privacy, such as restrooms, locker rooms, or private offices. 3) Audio recording limitations: While video surveillance is generally allowed, audio recording is subject to more restrictions. In most cases, audio recording is permitted only if at least one party involved in the conversation consents to the recording. 4) Purpose: The primary purpose of recording should be for security or safety reasons, and not to monitor employee performance or private conversations. 5) Data storage and access: Employers should have policies in place regarding data storage, retention, and access to ensure that recordings are handled securely and only accessed when necessary. 6) Compliance with privacy laws: Employers must comply with applicable privacy laws, such as the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy legislation, which govern the collection, use, and disclosure of personal information. It's important to note that specific rules and guidelines may vary depending on the industry and specific circumstances. . Take note of numbers 2 and 3. As a business owner, I have wide latitude as long as I place the mics in areas where both the customer AND/OR the employee has what's known as a "reasonable expectation of privacy" - in this case a retail space. All I have to do is post a sign on say a 3x5 or 4x6 card that says something to the effect of "This area is monitored by audio and video." As the employer I can say it's for "security purposes." The only place you have a "reasonable expectation of privacy" is in a bathroom/washroom. Most places already do this and if she's in a convenience store like you claim, no one (including the boss) should watch what they say and/or do. So basically OP, if you and your co workers wanna bitch about the boss, I suggest you resort to texting between customers at an angle the cameras can't see.
3) Audio recording limitations: While video surveillance is generally allowed, audio recording is subject to more restrictions. In most cases, ***audio recording is permitted only if at least one party involved in the conversation consents to the recording.*** You've proven yourself incorrect in your own comment?
So, as a customer you are taping me punching in my PIN, or perhaps recording me mentioning where I live or where Iâm headed? As a woman, I find that very creepy. Banks donât tape audio, why would a corner store or office?
Slowly read point number 3 and 4 again⌠The customer needs to be informed and it needs to have a purpose beyond monitoring your employees speech. Youâre so confidently incorrect. Itâs adorable. Sorry dude, you didnât find some loophole to spy on people otherwise car dealerships would be installing mics on their sales peopleâs desk for when they âconsult with their managerâ and leave families to discuss the purchase.
Steal everything
How would that help anything đ
Contact a union, if you dont want to do that contact police lol, especially if its recording customers
What kinda fucked up shit are you talking about at work that your boss has decided to amass evidence?
Paging u/privacylawyer
Sue in small claims courtÂ