Can I secretly recorda conversation at work if I’m being bullied?
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Can I secretly recorda conversation at work if I’m being bullied?
I work as a Behavioral Health Technician and I am being bullied at work by 2 nurses and a shift leader. I work very hard and keep my unit I order. Several times the charge nurse and I haven’t seen eye to eye and she puts me and other staff at risk because she mistreats our patients. I’m very good at what I do and build rapport with patients quickly. She is always telling on me and saying she doesn’t know where I went to management. I have been getting write-ups and I have used all my PTO time because I don’t feel like going to work. I’ve spokenwith the other BHT’s and no one wants to work my hours.
Asked on April 17, 2011 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In the case of recording a telephone or in-person conversation, under AZ law it is legal if one party to the conversation knows that the conversation is being recorded. In other words, if someone records a phone call or conversation involving themself and another person or persons, even if the other party or parties are not aware that it is being recorded, no law is being violated. However, as a practical matter, your employer may take a dim view of this. Most employment relationships are "at will". Accordingly an employer can fire an employee for any reason or no reason at all, absent company policy or an employment/union contract to the contrary. Therefore, while you can legally record a conversation between you and another party without their consent, you could lose your job in the process.
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