Is it legal for a supervisor at work to record a conversation with you without you knowing?

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Is it legal for a supervisor at work to record a conversation with you without you knowing?

A supervisor has been recording conversations in the workplace without anyone else knowing. She has been smart enough to make a comment or two so that she is “in” the conversation but otherwise makes no comment that could get her in trouble. Also, she has recorded one-on-one conversations where the expectation was that the conversation was private. Is this legal? Can anything be done to her for this?

Asked on April 19, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your supervisor is probably violating the law in at least some cases. Texas is a "one party consent" state--that means that so long as one of the participants in a conversation consents to the recording, even without the knowledge of the others, it is legal. So in cases where you supervisor was a party to the conversation, she could record it. However, if she has recorded any conversations in which she did not participate, that would be a violation of the law and she is potentially subject to criminal liability.


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