I have a question about recording conversations on the phone, is it legal without the recordees concent?

Question

I work with a non profit school organization. We suspect one of our officers has pilfered some of the funds - because we have none. One of the other officers has suggested we contact her via the phone and record whatever she says - he is hoping for a confession - so other than my moral question of this - is it it legal to record a phone conversation - even if it's to confirm criminal activity - without that persons knowledge. Oh this is in Texas. Would appreciate any help. Thanks

Answer 1

A grey area of the law when it comes to monitoring employee communications. If it is done at the place of business and a policy exists that clearly states that the company may monitor employee communications (voice, email, im, etc...) then you should be ok. Now if you are calling them at home and recording without their knowledge, then that is probably illegal or at least unethical. Take some time to review the multitude of articles on Hewlett Packard and their "pretexting" scandal. Then ask yourself, how does our company want to be portrayed in the media when this comes out.

Answer 2

People absolutely do not know what they're talking about, to be honest.

You are not the police; the 4th Amendment does not apply to you... thus, this whole "can't use it in court" (assuming they mean in a criminal action) doesn't fly unless you're working as an agent of the police. (It also wouldn't fly in a civil action, because the statement would be exempted from the hearsay rule, except in California, where the state statute on this is VERY strict.)

Second, each state has different requirements regarding the taping of telephone conversations. Some states require one party's consent to taping; some require two. Here's the list:
http://www.aapsonline.org/judicial/telephone.htm
(And this law is related to invations of privacy usually. Violations may subject you to criminal or civil penalties.)

Texas is on the "one party" side, so that means you only need to have YOUR permission to record.

Now, we can't give you a legal opinion as to whether the taping in the manner you propose would truly be legal. You need a Texas attorney to do that. I just wanted to make clear that the whole "not admissible in court" thing is most likely bunk (except in California, which prohibits intercepted communications without consent of all parties from being admissible in any judicial proceeding, see the link above.)

Answer 3

Below is a link to the law; but would not recommend doing anything without consulting an attorney first.
http://www.rcfp.org/taping/

Hoping for a confession is sort of foolish without any direct evidence and it may leave your organization open to litigation for slander.

A better way to would be to go over bank records and get copies of any transactions that look suspicious and if you find any transactions that implicate that the officer in question misappropriating any funds, then go to the police.

Answer 4

I don't see why it wouldn't be legal. We have three way calling, small tape recorders that we can place in our pockets, and video wires that are capable to be hooked to your VCR!! The only thing that I know of being illegal is video taping children in the nude with/without consent and video taping adults without consent in the nude! As for recording a conversation between two people (for proof of a crime) a I do not believe this is illegal.

Answer 5

Depending on the state laws as they vary. In most states if one person involved in the conversation is aware that it is being recorded they can be used. In some states they have to be informed or there has to be a warning, such as a beep every 30 seconds on the line, or a message, such as on an answering machine.

Answer 6

You can record the conversation but it can not be used as evidence in a court case unless it was court ordered.

Answer 7

It's only legal if you don't get caught doing it without a court order

Answer 8

no. although you could get them to renew their contract and have in small print at the bottom that all calls are recorded. They probably wont bother to even read it if they are already employed there.

Answer 9

It is legal to record if One of the parties knows.
The other party doesn't need to know!
If you are recording Two parties and neither know.....that is illegal!

Answer 10

If they call you on your land line you are allowed to do what ever you want but if you call them you wouldn't be able to use the evidence in court.