Well, it depends on the state whether or not you can record a conversation with your boss. Um, some states are what we call one-party states, which means only one party has to consent. So, in that scenario, for example, the District of Columbia or Virginia are one party states. So long as I’m consenting to recording my boss, that’s legal. In other states, such as Pennsylvania, for example, it’s a two-party state. That means you and the person you’re recording have to both consent.
Now, in workplace uh situations, you don’t only look at the law. You look at workplace policies because those still may apply even if it’s legal to record. And so your employer may have policies in the employee handbook that prohibit recording in the workplace. So, you want to be very careful about that because doing so in violation of company policy could result in disciplinary action. including termination. The last thing I want to comment on is this. I would use caution when you’re recording conversation with somebody who doesn’t know you were doing so because secret recordings can somehow damage trust, which is obviously an important component of a workplace relationship. Um, also in legal disputes that may come up later, it could backfire. You may be looked upon negatively by a jury if they found out that you secretly recorded a conversation. Now, if it turns out that you were protecting yourself and that’s why you did so, they probably would give you a pass. But something to think about. And the last thing is it’s really important to consult with an employment lawyer before you consider doing that. If you’ve got any questions about this particular issue, you can feel free to contact Eric Seagull Law. We’ll be happy to help.