Tape Recording Woes

Just wanted to let you guys know of something I learned in a seminar last week. Depending on your state law regarding taping of conversations, as long as one person knows about the taping, i.e., an employee hiding a recorder in their pocket to record your conversation, then this is perfectly legal (in a lot of states).

If, however, a tape recorder is placed in a breakroom and left by the employee to tape a conversation and then it is brought to someone else, i.e., the Human Resource Director and you listen to it, then YOU have violated the Federal Wiretapping Act! Is that crazy?

Anyway...if someone brings you a tape...better find out how they came to have it in their possession.

Keep in mind this is state specific - in some states, BOTH parties have to consent to any type of taping (as it should be).

Evidently, there was a recent case where an employee carried a tape recorder into a breakroom, left it and recorded the conversations of supervisors in the breakroom because he suspected racial slurs. He listened to it and there were indeed slurs. He took it to the HR Director and he listened to it. This was a violation by both parties according to the law. I understand the employee has since said he left it by mistake in his backpack (HMMMMMMM).

Just something else to keep us on our toes!

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