Can a supervisor legally record a conversation between them self and an employee without the employee’s consent or knowledge?

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Can a supervisor legally record a conversation between them self and an employee without the employee’s consent or knowledge?

I have had some recent mental health issues that required application for intermittent FMLA leave. When I returned to work, I was required to meet with my supervisor and another supervisor in the department regarding my leave. Specifically, I was advised of additional information that was required before my leave was approved. We also discussed my mental health status. I was advised today by the director of my department that this conversation was recorded without my knowledge or consent. I have been told by several people that this is illegal.

Asked on April 10, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In many states it would be legal to record the conversation without your consent, so long as the other person(s) in the conversation (e.g. the supervisor(s)) either did the recording or consented to it. However, you are not in many states--you are in Illinois. Illinois is a "two-party consent" state, which means every party to a conversation must consent to its recording. Your employer therefore has violated the law by recording you without your consent, and the supervisor(s) who did this are potentially subject to criminal prosecution.


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