It is not unlawful to monitor the telephone conversation of an employee if the employee has given prior consent. Did Deal give her employer consent in this case?
Consent to interception of calls, which exempts a party from civil liability for violating the interception provisions of the Omnibus Crime Control and Safe Streets Act, may be implied from the circumstances. However, consent is not established merely because an employer warned an employee that calls may be monitored in order to cut down on personal use of a telephone or because the extension telephone was located in the owner's residence. Deal did not give consent in this case.
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