Experienced employment attorneys routinely get this question from clients: Can you videotape or otherwise record a meeting at work? The capacity to record offensive or discriminatory remarks made by employees, superiors, or others is commonly requested by clients.
Although this is sensible, it might not always be permitted to record someone depending on where you live and where the potential talk is recorded. Making a mistake in this area of the law might have both criminal and civil repercussions. Keep reading to learn more.
Recording is tempting because it offers reliable evidence
Having your harasser captured on tape is unquestionably important evidence. In contrast to just testifying about what your coworkers said or did, having the option to show a video of them making racist or sexist statements, for example, would significantly strengthen your case.
It may be helpful to periodically record meetings with human resources to make sure you have all the necessary information. In these situations, consulting a knowledgeable employment lawyer in your state can help you be sure that you are doing lawfully.
States: the two types
The first thing you should be aware of is that there are two different sorts of consent needed to record a conversation: one-party consent and all-party consent. In one-party consent states, only one participant must agree to the recording; if you are taking part, you can be that participant. In a jurisdiction requiring unanimous consent, each participant in the conversation must agree that their participation may be recorded.
Most nations run on the principle of one-party consent. Among the thirteen states that have struck an all-party agreement are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington.
If you reside in one of those states, you must obtain everyone’s consent before recording the conversation. Once more, discussing your rights and the recording rules in your state with an employment lawyer will help you before you record any workplace communications.
Has the person being recorded a justifiable expectation of privacy?
The second factor is whether you have a legitimate expectation of privacy where the recording is being made. Even if you aren’t a party to the conversation, there is no expectation of privacy in public settings, therefore you can usually record conversations there. Public spaces include the lobby, a stairwell, or a big open office with several desks.
Most courts have determined that there is little to no expectation of privacy at work. But the events that prompted these choices were based on incredibly unique circumstances. As a general rule, you should use extreme caution while recording in the workplace and should only do so if you live in a state that only requires one party’s consent, have the approval of all parties, and/or are in a public area.
Importantly, if you document a conversation that demonstrates you were the victim of unlawful harassment or discrimination, you may be protected from retaliation. Again, whether you may be fired for recording a meeting at work depends on the details of your case and where you live. That is why you should speak with an accomplished employment attorney before recording anything at work.
Do you have inquiries regarding this or other issues pertaining to employment law? To talk with a lawyer, call PLBH at (800) 435-7542.