Recently, former White House aide Omarosa Newman revealed that she secretly recorded President Trump while she was being fired, as well as a follow-up phone conversation that took place shortly thereafter. While Newman is not the first employee who has secretly recorded a conversation in the workplace, doing so is not always legal. And aside from the legalities of the issue, making secret workplace recordings might not always be in your best interests.
Perhaps you want to record a meeting so you can listen to it again later, or you’re looking for evidence of discrimination and/or harassment. Regardless of your reasons, it is imperative that you become familiar with your local laws pertaining to one-party recordings since they differ from state to state, even though a majority of states are considered one-party consent states. What this means is that only one party is required to be aware of the recording. In most cases, this will be the person doing the recording.
There are, however, some states which remain all-party consent states, which means that all members of a conversation must give their consent to be recorded. All-party consent states include both California and Florida. No matter what state you reside in, keep in mind that it is illegal to record any conversation that you are not a participant in.
In the state of Florida, it is illegal to make a recording without both parties consent. Yet, even if you obtain the recording legally, should you? Many corporations have specific rules that prohibit workplace recordings. Such a policy could result in your losing your job, even if consent was properly obtained.
As an example, say you are in possession of a recording that captures your wrongful termination. If recording a conversation is banned as per your company handbook, you could be fired again, and possibly sued (even if you win your original case.
If you believe that you have been the victim of discrimination or wrongful termination, you have legal rights under the law. Before you attempt to record your boss, however, it is best to speak with an experienced Miami employment lawyer to review all of your legal options. Illegally recording your boss or co-workers may not help you win your case, and in fact, could be detrimental to it in the long run. An attorney will be able to review your case and help you determine your best course of legal action.
When you’ve been unfairly treated at work, you need a law firm on your side that will fight for your rights and your future. Contact the Law Office of Keith M. Stern, P.A. today at (888) 315-8771 for a free consultation. We can help you through this difficult time, as well as protect your rights after unfair treatment on the job.
