Parents Secretly Recorded Me, Threatening To Report

[Unregistered]

Hi,

I logged out for privacy as this is a sensitive matter.

I have a family who just called and said they are no longer interested in my care. They not only don't want to pay their last two weeks, but are asking for their deposit back! They told me that they have a recording of me putting their one year old in time out and that they'll report me if I don't give them the deposit back. Obviously this can't be legal! I just dealt with a crazy family a few months ago, who reported me to licensing to get out of paying their last week. Licensing saw through it but I don't want to deal with it all again! I've already put a call in to them and am waiting to hear back. The current family definitely babied their little one and I am more strict, but obviously didn't do anything harmful. (Also, to note, I just started the time outs this week and they were totally working!). Any advice? It freaks me out that they might call the news or something crazy.

Thanks

[hwichlaz]

What state are you in? Is it legal to put a 1 year old in time out? Some states are one party notification recording states, and others require all parties know.

[Annalee]

Hi,

I logged out for privacy as this is a sensitive matter.

I have a family who just called and said they are no longer interested in my care. They not only don't want to pay their last two weeks, but are asking for their deposit back! They told me that they have a recording of me putting their one year old in time out and that they'll report me if I don't give them the deposit back. Obviously this can't be legal! I just dealt with a crazy family a few months ago, who reported me to licensing to get out of paying their last week. Licensing saw through it but I don't want to deal with it all again! I've already put a call in to them and am waiting to hear back. The current family definitely babied their little one and I am more strict, but obviously didn't do anything harmful. (Also, to note, I just started the time outs this week and they were totally working!). Any advice? It freaks me out that they might call the news or something crazy.

Thanks

I am going to follow this thread because I had a client laughingly mention how cheap nanny cams are and how easy they were to hide nowadays. Ironically she brought in a stuffed bear that day but I sent it back home quickly as I do not allow outside toys. Kind of made me leery!

[Unregistered]

I'm in CA, so it is illegal to record without consent. As for time outs, I don't know but can't imagine it's illegal?

[hwichlaz]

I'm in CA, so it is illegal to record without consent. As for time outs, I don't know but can't imagine it's illegal?

Yes the recording is illegal. It can't be used as evidence. And time-outs are only allowed at 1 min per year of age.

[hwichlaz]

Here's the thing, you won't be shut down over a timeout, but you could get a violation for inappropriate discipline.

If that's all that's on the recording, I'd call their bluff. Call the police and file a report of blackmail and illegal recording.

[amberrose3dg]

I am not sure what to say about that. If you did nothing wrong other then put in time out I would say it is just a way of getting what they want. I would simply tell them recording without your consent is illegal and let them know you know that. Recording you is most likely a bigger offense and they should back down.
Sorry you are dealing with such a crazy family.
Our state allows time outs, a minute per age.

[hwichlaz]

illegal recording and extortion/blackmail carry pretty high penalties in california.

I'd send them the following messages...

California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632.

and

Extortion in most cases is a California felony. The penalties are two (2), three (3) or four (4) years in county jail, and/or a ten thousand dollar ($10,000) fine.4

[hwichlaz]

Punishments for Violating Penal Code 631. Wiretapping is a “wobbler” crime; meaning that it may be charged either as a misdemeanor or a felony. Misdemeanor violations are punishable by a maximum fine of $2,500, or imprisonment in the county jail for up to 364 days, or both.Feb 6, 2015

[daycarediva]

I wouldn't put a 1 year old in time out, but I would TOTALLY call their bluff on this.

I would send back information about the legality of illegally recording you, and an invoice for the last two weeks of care (or whatever they owe you).

[hwichlaz]

Send it via email or text so that you have a record of how they respond.

Dear Douchey-Fam,

Re: your phone call on 11/2/17 at 8:08pm PST

I'm certain that you know the penalties for illegally recording someone and using the recording for extortion in the state of California, or you would have sent your threats in writing.

I will NOT be blackmailed.

Here's an invoice for the amount you owe me. I've attached the California Penal Code for the crimes you've committed against me, along with the possible penalties. Should you choose to continue on your crime spree, I'll contact the local police department and the DA's office to press charges.

[Michael]

I'm in CA, so it is illegal to record without consent. As for time outs, I don't know but can't imagine it's illegal?

It's illegal to record somebody in California without the other party's permission. I will go to police to file a police report.

If they leave a phone message recording threatening you, you CAN legally use that recording as evidence.

[Unregistered]

I would get an email confirmation that they recorded you, before mentioning to them that it was illegal.

[Unregistered]

I would also not discuss this any further with them on the phone at all. Document all further written contact and number of times they call you.

Send notice of amount due according to contract, without any mention of recording.

[hwichlaz]

It's illegal to record somebody in California without the other party's permission. I will go to police to file a police report.

If they leave a phone message recording threatening you, you CAN legally use that recording as evidence.

You know, going straight to the police is probably your best bet. The police will go interview them and tell them that it's illegal and that using the recording would be proof of illegal activity. Then they'll likely back down.