Can I Secretly Record Conversations With My Employer?

Posted by Nick Norris | Sep 21, 2022 | 0 Comments

On numerous occasions we have employees who have either already secretly recorded a conversation or want to know if they can legally secretly record conversations with their employer.  It is always better to ask a lawyer this question prior to making the recording because the answer varies depending on several factors.  If the recording was not done legally it could become inadmissible at trial no matter how much it proves your case, and you could be subject to criminal violations.

The first question you need to look into is whether you are allowed to secretly record conversations in your state.  Every state has there own separate and distinct laws on the issue.  Some states only require one person in the conversation to know it is being recorded, while others while all parties to be informed it is being recorded.  There are also several states that have laws that are somewhere between those two points. 

Mississippi is an one party consent state pursuant to Miss. Code Ann. § 41-29-531(e).  What that means is that at least one party in the conversation has to know it is being recorded.  So if you are having a conversation with your supervisor you can record the conversation as you would count as the one person consenting to the recording.  You normally don't have to tell them you are recording the conversation.  This of course also means that you can't just leave a recorder around the office to record when you are not part of the conversation.

With workplaces communicating across several states it is very possible an employee in Mississippi may want to record a conversation with a supervisor that is in a state the requires all parties to consent to be recorded.  If you are in Mississippi when the recording is being made you are not required to follow other state's laws on recording conversations.

However, other issues to consider in making recordings are if you work in the medical field dealing with patient privacy issues or if you work for the military dealing with secret information.  While these are just two examples, there could be numerous other situations that could prohibit it you making a recording of the conversation.  This is why it is always better to consult with an attorney before you make a recording.

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Nick Norris

Partner

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