Someone I know plans on recording a conversation he'll be having later with his boss regarding a contract he's pushing that is unfair. And on top of that, he says he is witholding money until they are signed. Would he need special permission to record this conversation? Would it be admissable in a court of law?
2006-10-21 17:19:50 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I'm in New York. And, not to nitpick, but can anyone cite their answers? Thanks a lot.
2006-10-21 17:36:02 · update #1
In New York State, you only need the permission of one of the parties to make the recording legal.
However, the employee might be under an employment contract which forbids such taping. I would urge your friend to make sure all his ducks are in a row before pushing the envelope.
2006-10-23 12:28:20 · answer #1 · answered by PermDude 4 · 0⤊ 0⤋
As long as one person in the conversation knows that they are being recorded it is legal by US federal law. However, laws can also be made by states and do vary from state to state, so you should ask a lawyer or try a local Employment Development office (EDD).
I'm not sure that it matters if you just want the recording, but it may not be admissible in court.
Depending upon the situation, it might be wise to just ask the employer if they would allow the conversation to be recorded. However, if it is a sensitive subject the answer will likely be no.
2006-10-21 17:32:50 · answer #2 · answered by Uncle Meat 4 · 0⤊ 0⤋
Any recorded conversations are not admissable in court unless all parties being recorded are aware of it. What your friend might do, is after recording the conversation in full, tell him to tell his boss that he just recorded the entire conversation for his own protection. If the boss says anything like "so what, I dont care" or whatever, that may be admissable. Good luck.
2006-10-21 17:24:02 · answer #3 · answered by kari w 3 · 0⤊ 0⤋
I talked to an attorney a couple of months ago about a car I bought. The dealership was doing everything wrong. During several phone calls if I had recorded it I could prove what they did. I asked the Attorney if I could have recorded the conversation or is that allowed, he just shrugged and said, "Sure you could have done that." I know that is not much to help you, but I doubt he would have said that if you couldn't.
2006-10-21 17:31:29 · answer #4 · answered by Tess 2 · 0⤊ 0⤋
Recording a conversation is not allowed under the law if there is no consent. It is a violation of free speech and privacy as it constitute as an offense against the Wire Tapping Law.
2006-10-21 19:10:52 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
As long as an individual is a party to the conversation, it can be recorded; permission is not necessary.
2006-10-21 17:27:38 · answer #6 · answered by D 4 · 0⤊ 0⤋
in new york you can record the conversation with out the other party knowing as long you are involved in that conversation,the other states you have to find out if it's legal.
2006-10-21 17:29:30 · answer #7 · answered by kitty 4 · 0⤊ 0⤋
It varies by state. In some states, if you are using your own phone, you can tape a conversation without telling the other person. In other states you need to notify the other person that you are taping the conversation.
2006-10-21 17:22:57 · answer #8 · answered by Yak Rider 4 · 0⤊ 0⤋
technically it is legal for your friend to make a tape recording of himself. Now, if he was to place the recorder in the room while he wasn't in the room, then there would be some problems.
2006-10-21 17:32:47 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The media secretly records people all the time and then they air exposés showing people lying or doing illegal stuff.
If they can, why can't citizens do it to expose a lying boss or co-worker?
2006-10-21 17:37:11 · answer #10 · answered by sister_godzilla 6 · 1⤊ 0⤋