Is it legal to have this policy

HR Hat

Is it legal to have a company policy forbidding the recording of conversations and meetings?

Have an employee that is doing this, and it is a morale buster. In Arkansas, it is legal for him to record conversations/meetings that he is a party to. Just want to know if I can have a company policy superseding his right. Our meetings often have confidential customer topics that need to stay confidential.

I'm awaiting a callback from my attorney, but thanks for any advice you can give.

Jim

Paul in Cannon Beach

I think your answer will be found in the wording of your state regulations. Its one thing for a state to ALLOW recording conversations and its another to say its a RIGHT. Companies prohibit many different kinds of activities that are allowable or legal. For example, you can have a company policy that prohibits talking on a cell phone.

Arakansas is apparently a "one party" consent state so it sounds like the employee is within his rights to record conversations. However, I think you also have the right to operate your company as you see fit.

I think there is evidence that any conversations of a "personal" nature are not to be recorded.

My guess is that recording conversations is "allowed" but is not a "right" meaning you can prohibit it via a company policy. But that is just a guess based on how I would like the world to be.

My other guess is that this employee of yours who is recording conversations is a grade A butt-head and control freak. Am I right?

HR Hat

The recording is basically done for a "gotcha"-type thing.

My attorney said we could have a policy prohibiting recording in the office. For a disciplinary meeting, an employee may possibly be allowed to record it.

So, guess what new policy we'll have here?

Jim