If I need to record my employer in order to provide evidence of discrimination, how do I do so without their consent?

Asked on September 12, 2016 under Personal Injury, Florida


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

Answered 4 years ago | Contributor

FL's wiretapping law is "all party consent". In other words, it a crime to record a conversation unless all parties to the communication consent to its being recorded. That having been said, state law makes an exception for in-person communications if the parties do not have a "reasonable expectation of privacy". For example, when they are engaged in conversation in a public place where they might reasonably be overheard. These kinds of in-person conversations may be recorded without consent. Quite honestly, this is a tricky area of the law, so you may want to re-think recording your employer. Even if you unintentially break the law, substantial fines and penalties can still attach.

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