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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption