Are you allowed legally to record a meeting with your boss without him knowing

?

Asked on June 23, 2016 under Personal Injury, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

MI is what is known as an "all party consent" state. This means that every party to a conversation must consent to its recording. That having been said, conversations in public places do not afford any reasonable expectation of privacy since they can possibly be overheard. Accordingly, recording conversations in public areas such as lobbies, stairwells, conference rooms, offices with open doors, break rooms, etc, is almost always legal.

Objective: If you are recording a conversation to document illegal discrimination or harassment, the courts are split on the legality of this issue, yet the Equal Employment Opportunity Commission (EEOC) considers this ‘protected activity.’ Depending on the state in which you work, your employer may be able to retaliate and fire you for doing so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.