Recording conversation over the phone with my employer.

UPDATED: Oct 2, 2022

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Recording conversation over the phone with my employer.

I was fired from my job due to a FMLA request that was denied. I had requested a personal leave of absence to cover the situation I was in. I had a bunch of my teeth smashed/crashed/destroyed by 2 people at a gas station slamming my face into the ground. I needed to go to an urgent care dental place to have it worked on. I had teeth removed or fixed. I had very infectious abscesses that can kill you. The urgent care place didn’t have a doctor, they give urgent dental care, so they didn’t/wouldn’t give me documentation stating that I could miss work to get this worked on. I had asked my director if it was alright to get this worked on 2 days after it happened as I showed up to work with a bunch of busted up teeth and swollen mouth because of the massive infection flaring up in my mouth. They told me that I was fine, to go home and to not worry about work until I had it all resolved. I called HR the very next day to talk to them about getting everything finished/set up. They said that I would have to talk to the FMLA source to deal with the situation to protect my job. I knew FMLA was not going to be able to do this kind of situation, so I told both HR and the FMLA source that I needed a personal leave of absence. I was told that I could not return back to work until I was given a release form stating I could return to work which the dental care place wouldn’t give me since they don’t have the ability to do so because they are just a urgent dental facility. It’s not like the hospital. So I was told that I would be fired from work on Tuesday if I did not provide either the excuse to miss work or a medical release form stating that I could return, both of which is impossible to supply to them. I offered to show them the bills and payments I had for that job and they absolutely refused, saying they won’t accept it even though they prove that I had the work done on my mouth. I want to record the conversation of them denying to accept that, in the instance they try to deny my unemployment or say that I abandoned my job. The reason being is they want me to come into work on Tuesday to

Asked on October 13, 2019 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your state is what is known as a "one-party consent" state when it comes to recording conversations. As long as one person in a conversation (such as you) consents to the recording (and if you are making the recording, by definition, you consent to it), the recording is legal. Therefore, you could record this conversation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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