ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Sunday, May 5, 1996                    TAG: 9605030092
SECTION: BUSINESS                 PAGE: 3    EDITION: METRO 
COLUMN: Working It Out
SOURCE: CAMILLE WRIGHT MILLER


IN SOME SITUATIONS, CALLS MAY BE TAPED

Q: We think our employer tapped the phones. Is there any way we can find out? Is it legal for an employer to record our conversations?

A: Don Reid, Roanoke area manager for Bell Atlantic Corp., says there are situations where employers may tape conversations, but these are limited. Reid says that, in general, the policy published in the consumer guide portion of the phone book applies. That policy states: "Wiretapping is against the law unless a party on the call consents. When you hear a beep tone, your conversation is being recorded. If you do not want it recorded, ask to have the recording machine turned off. Recording without the consent of both parties or without the beep tone may cause phone service of the party doing the recording to be disconnected." The law does not apply to law enforcement officers under court order or emergency lines, such as fire and police.

Reid notes that "Virginia is unique in that it's a one-party consent state. Employers can tape conversations with employees without notification or beep tone. However, it is illegal to tape a call between an employee and a third party without a beep tone."

Taping, Reid says, is legal if done for training of workers or monitoring the service they give customers, for example. In those cases, employees have knowledge that the taping is "part of training, their contract" or is published in the rules and regulations handbook.

Reid says it's difficult to determine from your question if you're being illegally taped. "It's almost impossible to tell, since it could be anywhere in the system." Finding a recording device calls for "technical knowledge and equipment. The average person can't tell from observing the system."

It's unlikely an employer would go to the expense and trouble. Whether you're right and your employer is illegally tapping the lines, there appears to be a serious lack of trust in your work environment. If you think your employer has gone to those lengths, consider finding new employment.

Q: On Secretary's Day, I stopped after lunch and picked up flowers for my secretary. She wasn't enthusiastic. I spent the afternoon feeling I'd done something wrong. Any suggestions so I don't repeat whatever mistake I made next year?

A. As with many expressions of appreciation, timing and gift choice are both important. Waiting until after lunch left your secretary wondering, for the better part of the day, if you had forgotten. Your gift would have had stronger impact if it had been on her desk when she arrived for work or you had presented it first thing in the morning.

Secretary's Day is an occasion to demonstrate appreciation for the loyalty, commitment and cumulative acts of extra effort most secretaries bring to their jobs. Your gift of appreciation should be comparable to the recognition you wish to give her contribution.

Whatever gift you select, try to give it as early in the day as possible.

Q: I have a co-worker who frequently borrows money - and rarely pays it back. The small amounts have added up. The family is having a hard time right now, but I'm beginning to resent the loans.

A: As with many personal loans, consider how much you can afford to lose without resentment, because many private loans aren't repaid. Establishing a dollar limit in advance helps reduce bitterness.

Establish ground rules for yourself. Create a policy that you'll lend a small amount of money to any co-worker once. If repaid, you'll lend again. Your underlying rule is one loan per person "on the books" at any given time.

Set a specific spending and time limit on loans. When the limits have been reached, tell the borrower that until that money is repaid, you're unable to provide more.

You need not offer reasons why you can't lend money. "I'm sorry, I can't" is sufficient.

In this case, you can, in private, tell the individual you were surprised at how quickly the small amounts have added up. Ask that you be repaid a certain amount, perhaps $5 a week, until the debt is cleared.

Or, if the co-worker's family is having a tough time, offer the debt as a gift. Say you understand things have been difficult and you'd like to help by considering the matter closed. You'll both feel better immediately.

Money can be a considerable source of co-worker relationship strains. Developing a policy helps prevent later unhappiness.

Camille Wright Miller, an organizational behavior sociologist who works in Lexington, answers questions from our readers about workplace issues. Please send them to her in care of The Roanoke Times, Business News Department, P.O. Box 2491, Roanoke 24010.


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