In the age of developing technology and smartphones, it has become much easier to record secretly conversations in the workplace.

Audio recordings have become a common occurrence in workplace disputes.

Regardless of the intention behind the recordings, it is worth noting that there could be consequences if you are caught recording a conversation with your manager, colleague or even your employer.

Here is what you need to know.

Is It Legal To Record a Conversation in the Workplace?

If you are participating in the conversation that you are recording, the recording is likely fair.

If you are recording a conversation to which you are not a party, the recording will not likely be useful.

What are some consequences of recording at work?

There could be a multitude of reasons why you would want to record a conversation at work. For example, an employee may wish to obtain proof of workplace harassment.

While it is not illegal to secretly record your conversation with your manager or employer, there could still be some consequences. The first consequence relates to privacy.

Violation of Privacy

Every business or company is required to have workplace policies.

As part of those policies, it is not uncommon for the employer and employee alike to have various confidentiality and privacy obligations. By recording a conversation between yourself and your manager or employer (or even a colleague), you may be breaching these policies and provide your employer a reasonable reason to termination you.

When Could It Be Justified To Record at Work?

There are no hard and fast rules with regards to when it may be considered appropriate to secretly record your conversations at work because each situation will be fact dependent. Talk to a lawyer to get more information about this.

A question you should consider:

  • Was there a way other than secretly recording to obtain the information?

Zoe could help you determine whether recording at work could have negative consequences and the appropriate route to pursue.

Get in touch today!