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Comment on Cloudflare Employee records her final meeting where HR tries to fire her

spacecowboy@sh.itjust.works ⁨10⁩ ⁨months⁩ ago

Record everything. Business isn’t professional by any means. Why do you think some backward states make recording illegal…?

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NikkiDimes@lemmy.world ⁨10⁩ ⁨months⁩ ago
Since CloudFlare is SF based, I’m assuming she lives in California, which has two-party consent for digital communications, which makes recording that call illegal. By sharing this online, I believe she could face the following:

Criminal Penalties: Under the California Penal Code 632, illegal recording of confidential communications is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, based on the specifics of the case and the discretion of the prosecutor. If charged as a misdemeanor, the maximum penalties include imprisonment in the county jail for up to one year or a fine of up to $2,500. If charged as a felony, it’s punishable by 2–3 years in prison and a fine of up to $2,500. For repeat offenders, the fine can increase to $10,000.

Civil Liabilities: In addition to criminal penalties, the violator may also face civil liabilities. The California Invasion of Privacy Act (CIPA) grants a private right of action to any victim of a violation, with steep damages. Damages under the CIPA can be substantial, with treble damages available and a minimum damage award of $5,000 per violation. This means that the person or persons whose conversation was recorded without consent can sue for damages.

Public Posting Aggravation: Posting the recording online could potentially aggravate the situation. This action could lead to additional charges related to the unauthorized distribution of the recorded content, especially if it involves sensitive or private information.

😬

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