It is legal to audio recording someone without their knowledge as an employee in their parent’s home?

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It is legal to audio recording someone without their knowledge as an employee in their parent’s home?

I am a caregiver hired by a son to care for his mother who has dementia. I was told there were cameras in the home but I wasn’t told that audio was being recorded as well.

Asked on October 29, 2018 under Employment Labor Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

KS is a "1 party consnent" state. This means that recording oral communications is only legal if at least 1 party to the conversation gives their consent for its being recorded. Accordingly, since you never gave your consent and the mother has dementia so she cannot legally give hers, the son has broken the law. At this point, you can consult directly with a local attorney for further advice.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

KS is a "1 party consnent" state. This means that recording oral communications is only legal if at least 1 party to the conversation gives their consent for its being recorded. Accordingly, since you never gave your consent and the mother has dementia so she cannot legally give hers, the son has broken the law. At this point, you can consult directly with a local attorney for further advice.


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