” Recording a conversation with your boss without his knowledge or consent can have serious legal ramifications depending on your state’s recording laws.It is best to speak with an attorney or licensed legal professional for advice on your state’s specific consent laws in relation to recording conversations.
This requires that all parties involved in the recording must consent to the recording before it is lawful.Recording your boss at work is a much more complex legal issue than it appears.If you feel you are being discriminated against or are subject to a hostile work environment, it is in your best interest to speak with an employment law attorney for legal advice prior to initiating such tactics.If you cannot show valid reasons for recording the conversation, you may be putting yourself at serious risk for legal prosecution by your employer.Federal law does permit you to record a conversation under the one-party consent rule and in a ‘Whistleblower’ context if your state law allows it.For instance, there is no law stating your boss cannot be a jerk.
Sure, it would be nice if he or she was not a jerk, but they are not breaking the law – UNLESS they are jerk because they are motivated by prejudices and you can show tangible evidence of such prejudice.
For example, during my first year in college, I seemingly out of nowhere developed the uncontrollable, nervous habit of repeating the last thing someone had just said in a social setting.
(Think Brick from the show, “The Middle,” minus the whole bow-my-head-and-whisper thing.) Unbeknownst to me, my brief bout of echolalia was really about my inability to comfortably express my own thoughts in social situations and not about the “intimidating” people themselves.
However, you must validate that you had a legitimate reason for recording the conversation.
There are currently 38 states which permit one-party consent recordings, including New Jersey and New York.
While there are varying degrees of the law as it relates to recording phone conversations versus in-person, they are usually similar in nature.