Can an employee record a conversation with a manger without their consent?

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Can an employee record a conversation with a manger without their consent?

I had to sit down with an employee regarding performance issue as directed by HR. My HR director told me the employee recorded the conversation. I was not told or asked for permission to record.

Asked on March 15, 2016 under Employment Labor Law, Mississippi

Answers:

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

Answered 5 years ago | Contributor

Some states allow for any party to a conversation to legally record it; this is called "1 party consent". Other states mandate that all parties to a conversation agree to its recording; this is called "all party consent". MS is a 1 party consent state. Therefore, the recording you describe was legally made. That having been said, if such a recording violated company policy or the term of any applicable union agreement or employment contract, then action could be taken against the employee.


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