Wednesday, March 11, 2015

Employment Law and Recording Conversations at Work

A common question that I am always asked is:

"Can I record a conversation at work?"

In Florida, the answer is usually "No."  Florida is a "two-party" or "all-party" consent state.  What this means is that all parties involved in the conversation have to give consent in order for the tape or video recording to be legal.

"But what if I want to prove discrimination?" is another common question.  Most likely you won't be able to prove it via a recording device.  However, there are some exceptions to the "two-party" or "all-party" consent rule.  For instance, many courts have ruled that there is a lower expectation of privacy in the workplace.  Courts have also ruled that conversations that take place in a common area, such as lobby, stairwell, or hallway are not deemed to be places where there is an expectation or privacy.

However, I would tread with caution before recording anything in the workplace without the consent of all parties.

If you have questions or concerns about your rights in the workplace, please contact Ambuter Law for your free case evaluation.

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