recording a conversation at work?

[Looking_for_911]

Originally Posted by Shaun 84 Targa

best 30 seconds of your life?

Maybe if I played it three times!!!

[m21sniper]

Your honor let the record reflect that from 4:40 to 19:20 of the audio tape submitted as exhibit A by the defense, the slurping sounds we can hear are being made by the plaintiff, Ms. Doe.

[JeffO]

sorry about the link, here is a cut and paste from yahoo front page an hour or so ago



"Got a digital voice recorder like one of these? Watch out how you use it or you could land yourself in scorching legal trouble. One man recently found that out the hard way, after he was arrested and discovered to be recording the goings-on with just such a device in his pocket. Not only is he now facing charges for disorderly conduct, resisting arrest, and trespassing, he's also charged with unlawful wiretapping and possessing a device for wiretapping.

The story goes that one Chi Quang Truong was embroiled in a dispute with a Massachusetts auto service center, which didn't repair his car as quickly as Truong wanted. Truong got into a verbal scuffle with the service shop and the police were called. Apparently Truong was recording all of this -- for reasons unknown -- using a device stowed in his pocket, and cops added the wiretapping charges to his rap sheet during his arrest.

But wait a second: Don't you need a wire to get charged with wiretapping? I thought so too, and the theory here is that since Truong didn't have explicit permission to record the conversation (memories of Linda Tripp), he was slapped with the additional charges. In 12 states (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington) you're required to get the permission of all parties on the line before making any kind of recording. In the rest of the country, any single member that's part of the conversation can legally record it without consent from the other parties. And as Network World notes, wiretapping laws largely extend to in-person communications now, so no wire is required.

Still, does the punishment really fit the crime? Wiretapping is a class D felony, and that can mean (based on my admittedly limited understanding of criminal statutes) up to 12 years in prison. While Truong is unlikely to face anything that severe (and, in all probability, will have the wiretapping charges dropped as his prosecution progresses), he probably shouldn't be facing charges for any of this. And "possession of a wiretapping device"? Yikes. Even my iPhone has a voice recorder feature built in. I'm in possession of such a device any time I step out in public.

Check your own pockets, briefcase, purse, or backpack: You might be a criminal! "

[nynor]

Originally Posted by Oh Haha

ABSOLUTELY NOT!!!!!

Do not record anything. Have the meeting behind closed doors WITH HR!!!!

If something comes of the one on one and you recorded it without permission you COULD be in more trouble than it's worth.

Seriously, don't do it.

er... its legal in utah. one party consent.

second, it didn't come to this. my boss handled the situation superbly and its all good. i guess we don't give our department manager enough credit.

[Oh Haha]

Originally Posted by nynor

er... its legal in utah. one party consent.

second, it didn't come to this. my boss handled the situation superbly and its all good. i guess we don't give our department manager enough credit.

Glad to hear it worked out. I was in a similar spot but as supervisor with an employee I had problems with.

I was told by our HR person(at CO 200 miles away) not to record any conversation. Obviously, it's ok to record in Utah but apparently not in Michigan.


Why was the woman scared of you?

[Gregsgroup]

I would do the following:

First, ask your direct supervisor to provide her concerns in writing 24 hours prior to any meeting. This will give you time to consider her viewpoint and address any concerns. Including should be specific, factual examples to support her comments..I feel, I think, are not specific..John stated on Monday during our staff meeting..you look like a....are the specifics I'm talking about.

Second, speak with your HR representative (if you have one) and express your concerns if her comments are not factual or misrepresent your intentions.

Third, insist on both your direct supervisor and HR to be present. Your rational, to protect the greater organization and all parties involved. Ask HR to take minutes of the meetings and have any concerns addressed in a systematic manner.

Fourth, after her concerns are provide and you have an opportunity to respond, it would be ok to discuss potential solutions. Above all else, maintain your cool, let the person finish their sentences and watch your verbal and non verbal language. Many, many conclusions will be formed based on how each of you handle yourself. Most times, these are a he said she said...emotional control is the key.

Lastly, ask your direct supervisor if he has directly observed any of these behaviors and give you feedback on how the meeting went. Do the same with HR post meeting

[Bill Douglas]

In New Zealand the one person consent law applies here.

I've done it three times now. The first time was with my lesbian nieghbour, Dyky Poo. Dyky Poo cut down my trees to get better sunlight on her section. After she had called me the C word a number of times and told me why she chainsawed down my trees, I said thanks, and pulled the recording device out of my top pocket. She went beserk. Such a beautiful sight.

The second time was an accountant looking after a family trust whom I suspect had other intentions for the money. It sorted him out.

The third time was when I suspected I was going to get fired. It turned out I wsas right, but by having the recording device and knowing my employment law rights, I became $17,000 better off. Plus the look on the guys face when he found he was being recorded was priceless.

[Geronimo '74]

do not go alone, for all you know, she is recording as well, fakes a panic attack and states/lies later that you whipped yer one eyed snake out. The fake scream will be on tape, the visible element not. ( the so called "whipping out of snake", that didn't really happen )

You can laugh, but stuff like this happens.
DO NOT GO ALONE

[Joeaksa]

They make those small pens that fit in your pocket. Records 20 or 40 minutes of video and audio.

Get one and keep it with you all the time at work. Record anything to do with her and keep HR in the loop.

[island_dude]

These are situations that go wrong for an innocent person pretty fast. I have a friend who got put through hell for a comment that was interpreted in the most negative possible light. In the end it worked out, but not without a lot of hassle.

From your last post is seems like the situation is squared away. Just the same, the best thing to do is not have any interactions with this woman without a third party around. There are lots or situations were recordings would be inappropriate.

I don't mean to imply anything, but you might want to find out specifically what she is reacting to just in case there is something that you are doing that could be misinterpreted.

[Rick Lee]

Originally Posted by Bill Douglas

In New Zealand the one person consent law applies here.

I've done it three times now. The first time was with my lesbian nieghbour, Dyky Poo. Dyky Poo cut down my trees to get better sunlight on her section. After she had called me the C word a number of times and told me why she chainsawed down my trees, I said thanks, and pulled the recording device out of my top pocket. She went beserk. Such a beautiful sight.

The second time was an accountant looking after a family trust whom I suspect had other intentions for the money. It sorted him out.

The third time was when I suspected I was going to get fired. It turned out I wsas right, but by having the recording device and knowing my employment law rights, I became $17,000 better off. Plus the look on the guys face when he found he was being recorded was priceless.

Hero.

My guess is that even in states where it's illegal, you'd have to be using a recording device in the furtherance of some other wrongdoing to get into trouble for it. Trying to protect yourself from bogus charges by recording them is not going to excite a DA.

Stories like these make me happy to work from home and rarely see any co-workers in person. I was accused of making some inappropriate comments to an elderly female co-worker many years ago. Trouble was that what she accused me of saying to her was exactly what she had said to me and I didn't care. Better yet, we all worked in an open office and all of us talked very openly in front of others. Both bosses witnessed this. But another friend overheard this old lady complaining about me to the boss after I had left one day. He called me at home and told me to expect to get a talking to in the morning from the boss. He said it would be nothing since everyone knew this lady had actually said to me what she was accusing me of having said to her. But sure enough, the next morning my boss repeated these charges to me, knowing the truth, but acting like she didn't and was a complete robot about it. That's when I knew I had to keep my mouth shut and find another job, which I did.

[nynor]

well, my boss realized that she didn't have a single instance to justify 'being scared' of me, being that i had never raised my voice to her, said anything demeaning, or otherwise intimidated her. it turns out that she is mainly afraid of the job (she is new at respiratory therapy and it can be stressful) and her level of skill. this translated to fear and frustration and it got put on me because i did get pissed off at her one night, justifiably, for not doing her job. even then i didn't raise my voice or even criticize her.

so, being that she can't come up with an instance, nor has anyone witnessed anything but me having to sort out her mistakes, she was told to adjust her attitude and learn from me and to stop being a pansy and to trust her training. remarkably, her attitude did change immediately and she realized i was helping her out and she started communicating with me, instead of running away (literally) when i approached her or asked her questions.

i think the ah-ha moment was when she realized i hadn't told anyone about a mistake she made that could have been disastrous (but no harm was done, i chalked it up as a learning moment). plus, i made it clear that unless she talks to me about problems she is having with me, its all drama.

so, its all good and she really is doing a good job.

[Schumi]

So that part is settles, but she still sounds incompetent, unstable, and probably going to wind up quitting or getting fired eventually. Until then, just keep it at a professional distance and all will be well.

[dhoward]

I think a lot of people are confused over the use of recording devices. In public there is no expectation of privacy. Recording device laws originated from wiretapping, where an expectation of privacy does exist.
I call BS on the Yahoo article.

[nynor]

Originally Posted by Schumi

So that part is settles, but she still sounds incompetent, unstable, and probably going to wind up quitting or getting fired eventually. Until then, just keep it at a professional distance and all will be well.

yeah, sounds about right.

edit: actually, i think she will be competent, with a little experience. as for her stability, i cannot say, i don't know her very well. time will tell if she will quit or be fired.

the professional distance will remain in place, for sure.

[john70t]

Originally Posted by nynor

i think the ah-ha moment was when she realized i hadn't told anyone about a mistake she made that could have been disastrous (but no harm was done, i chalked it up as a learning moment). plus, i made it clear that unless she talks to me about problems she is having with me, its all drama.

so, its all good and she really is doing a good job.

I'm glad the "faith in humanity" approach was successful, for the time being.
Always a good thing to have happen.

[john70t]

FYI: I once got stalked by a senior union co-worker with too much "interest" in my non-work time. This was on several levels, which violated many,many,many clauses of California and Federal laws.
-I was passive about the situation, and resolved to let his own personal problems flow under the bridge. Everyone has bad times.
I didn't want to create trouble, and in a way felt sorry for his situation. Most of all I wanted a decent career in that field, with that company, which I'd worked so hard to acheive.
-Big mistake. I should have documented and fought it from day one.
-At work he had political pull, and began turning senior management/union/other employees against me.
-After showing up at my door late at night a couple times a week, and the half-hour public screaming tirade for installing a mud-flap washer backwards, I began to get the picture.
-The SHTF after that. I lost my career and my health.

[Bill Douglas]

Fire the stupid b*.

She will carry on causing trouble.