Is my husband justified to record meetings with his boss if he feels that he’s being wronged?

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Is my husband justified to record meetings with his boss if he feels that he’s being wronged?

My husband recently recorded a meeting between he and his boss because his boss was in the process of unjustifiably filing a complaint with HR against him. Now several individuals are telling him how wrong he was to record the conversation and threatening him that he better not record any of their conversations. One of the higher ups said that he’d kick his behind if he did. So can he still record the conversation if he feels it is in his best interest? Also, can they get in trouble for coming after him for doing something that he was well within his legal right to do?

Asked on April 3, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are really two potential answers to your question.  Legally, in the State of Texas, a person can record a conversation with another person if at least one party to the conversation is consenting-- consent from all parties is not required.  This means that if your husband is a party, he can legally record the conversation he has with anyone-- including his boss or supervisor.  The second answer, however, applies to employee handbooks.  Even though the State of Texas may be okay with the recording, many employers write rules into their handbooks that prohibit the recording of conversations-- so that part of your question will turn on your husband's employer's policy's.


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