If someone discloses to another person that they plan to threaten my job, is it legal for the person to whom this information is being disclosed to record the conversation without consent?

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If someone discloses to another person that they plan to threaten my job, is it legal for the person to whom this information is being disclosed to record the conversation without consent?

If not, is it legal for a third party who is physically present when the conversation takes place to record the conversation between 2 other people if at least 1 person is aware that the recording is taking place?

Asked on September 10, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your state is a "one party" consent state. That means that if one party to i.e. one of the participants in the conversation consents, or agrees, to recording it, it is legal--so if either one of the two people in the conversation records it, or one of the two people allows a third to record it, it is legal.


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