Is it legal to secretly video bullying in the work place?

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Is it legal to secretly video bullying in the work place?

I am being bullied at work by a
coworker but it’s my word against his.
I live in Denver Colorado

Asked on December 1, 2016 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As long as there is no audio, you may legally videotape (subject to not videotaping in another person's private office, or a locker, changing, rest, etc. room--i.e. anywhere there is a reasonable expectation of privacy). Audio is potentially problematic: if you capture the audio of any conversation other than one in which you are a participant, you will be violating your state's laws about recording conversations: in your state, for recording to be legal, at least one participant in the conversation must consent or agree to it, so if you record a conversation you are not part of (and therefore cannot consent to), that is illegal. So the audio recording may be dangerous for you.
Note also that just because something is legal doesn't automatically mean it is acceptable in the workplace: your employer could legally choose to terminate you for video or audio recording coworkers.


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