Recording conversations at work

UPDATED: Sep 24, 2016

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Recording conversations at work

Can I record conversations between
myself and co-worker legally? Our work
place is in DC one-party consent, but
she is from Maryland two-party
consent and I am from Virginia also
one-party consent. Would this still
fall under DC jurisdiction?

Asked on September 24, 2016 under Employment Labor Law, Virginia


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

Answered 6 years ago | Contributor

The law of the jurisdiction in which the recording is being made controls. Therefore, the applicable law is that of your workplace, which you state is a 1-party consent state. If you are going to record this co-worker, just make sure that you are always a party to the conversation. That having been said, you may want to check to make sure that company policy has no prohibition against such recording. Even if it doesn't, your employer many not appreciate your doing this. And remember, unless you have protection under a union agreement or employment contract, you are an "at will" worker so you can be fired for making this recording or for any reason or no reason at all, with or without notice. 

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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