In the workplace can a manager legally use the recording device on her cell phone to record a face to face conversation between her and an employee?

Asked on March 2, 2012 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It appears that this would be legal. Federal (national) law is "one party consent" for recording conversations: that means that so long as one of the people in the conversation (e.g. your manager) is willing to record the conversation, it doesn't matter if the other one (you) agrees, or even knows about the recording.

Some states provide greater protection: two party consent laws, which require that both people in the conversation agree. However, your state does not appear to do this--therefore, what your manager did appears to be legal.


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