Taped by a patient

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OK Florida nurses, can patients tape us without us knowing? What do we do if admin is trying to fire us over a taped conversation???

3 hours ago, MunoRN said:

In 'two-party-consent' states, including Florida, an employer can't make audio recordings employee's conversations that are not work related unless both parties consent, but they can actually record audio of work related conversations.

And they can argue that any conversation that occurs within the work premises is a "work related" conversation.

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Had to research the audiotape has about two decades ago for non related reason but to be used in court in FL BOTH parties had to be aware of the recording for audiotape. 
 

When it comes to employee rights in FL, the employee is screwed. There’s probably something in the huge pile of pre-employment paperwork signing off on it and the patient probably also has something in their admission paperwork also allowing it-probably all in very discrete legal type lingo, but it’s likely there somewhere to cover the hospital.

As far as the patient taping-probably can’t use in court but your job can do whatever they want. 

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Specializes in Urgent Care, Oncology.

I live in Florida and had a patient's daughter tape our phone conversation without my consent. It wasn't a big deal what I goofed on, I gave a Wednesday date instead of a Thursday date for treatment supposedly. I only found out when I called to see why the patient missed treatment and she said "oh, I went back and listened to the convo because I record everything, you said Thursday not Wednesday." My documentation in the computer said Wednesday, though. I do recall us going back and forth on dates, so it could have been my bad. 

At that point I just informed her it was illegal in the state of Florida to record someone without both their consent. I sent her to the manager. Apparently the patient's daughter had a habit of recording things without anyone's consent so from there on out she was only allowed to speak to the manager. But, management did back me up. 

 

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Specializes in Hopsice, Geriatrics.

Just an updaye I was asked to resign. Sad since the taped conversation was obtained and illegal! The patient contends I called her crazy, I did not but it is what it issad beyond words

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1 hour ago, lauriepanther said:

Just an updaye I was asked to resign. Sad since the taped conversation was obtained and illegal! The patient contends I called her crazy, I did not but it is what it issad beyond words

If you didn't say it, what difference does the taped conversation make? If anything, it should work in your favor, not against you.

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Specializes in Psych (25 years), Medical (15 years).
On 1/30/2021 at 8:17 PM, ms boogie said:

 it is illegal to intercept or record a “wire, oral, or electronic communication” unless all parties to the communication consent.

I met with the firing squad, the HR director and some other suit, last Spring at Wrongway Regional Medical Center. After being blasted with false accusations and receiving a termination notice, the HR director said, "And if you have some any recording devices on you, we  did not give permission to be recorded!"

Oh- wait- Here's an illustration of the situation!

 

1815599767_termination6.thumb.png.c755e4e5306ffb699f7539697d2b0846.png

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Specializes in New Critical care NP, Critical care, Med-surg, LTC.
3 hours ago, lauriepanther said:

Just an updaye I was asked to resign. Sad since the taped conversation was obtained and illegal! The patient contends I called her crazy, I did not but it is what it issad beyond words

Sorry to see your update, I hope that something better comes along soon for you. 

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Specializes in Med-Surg, Developmental Disorders.

I'm confused. Why did they ask you to resign over a taped conversation if you did not say the things that the patient claims you said?

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Specializes in Hopsice, Geriatrics.

I really am confused as well, the only thing I can think of is that they are cutting positions and that was a way in which to lose me as an employee. Trust me I have an attorney that wants the case, however, do I really want to waste the time against a large corp!? No proof, the manager admitted she did not see any taped conversation, so, I was fired on he said she said????Oh and my manager states as I leave, " I hope we can still be friends".......dubious!!

 

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Specializes in Critical Care.
1 hour ago, lauriepanther said:

I really am confused as well, the only thing I can think of is that they are cutting positions and that was a way in which to lose me as an employee. Trust me I have an attorney that wants the case, however, do I really want to waste the time against a large corp!? No proof, the manager admitted she did not see any taped conversation, so, I was fired on he said she said????Oh and my manager states as I leave, " I hope we can still be friends".......dubious!!

 

None of what you are saying makes any sense.  If the accusations are based on a supposed taped conversation, but you're saying the tape won't show what is being accused, then the tape can be easily subpoenaed, proving your case as well as a libel countersuit. 

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