If an employer is stealing from employees, can you tape record his confession without his consent?

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If an employer is stealing from employees, can you tape record his confession without his consent?

If so, can it be used as evidence?

Asked on November 10, 2010 under Employment Labor Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you mean in person or on the phone? On the phone tapping issue there are consent rules and Pennsylvania is, I believe, a two party consent state.  Either way it can be a problem in Pennsylvania.  There are Federal Wire Tapping laws and expectation of privacy issues here and your state has one of the strictest set of  state and Federal laws that apply to the former, the Federal laws apply to the latter as well.  So I think that the best route for you to go is to report this matter to the proper authorities and have them do the investigative work that will be legal and admissible in Court.  good luck.


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