recording a conversation at work?

nynor · 09-10-2009, 01:52 PM

what is the legality of recording a conversation between myself and a coworker? i feel the need to protect myself, but don't really want to go to jail....

a little back-story:

we have this newish female employee. i knew something was up because she has been very curt and short with me for about two weeks. being an easy going guy, i just let it go, after trying to talk to her a bit. then my boss calls me from work and tells me that she told him that she is 'scared' of me! WTF!? i asked him if she had anything more specific than that, which he denied. i told him that until she talks to me about it, her actions are weak and she doesn't have a leg to stand on. he agreed and decided to set up a one on one meeting with us. just her and i.

the problem is that i get a weird vibe from this woman. i think she is trouble, in some way, and i don't trust her at all.

i am thinking that maybe we should have this discussion with the boss present.

any ideas?

Fishman7 · 09-10-2009, 01:56 PM

Boss present, insist on it!

nynor · 09-10-2009, 02:02 PM

two snags:

1. the boss is leaving town today.

2. i'd really rather not have this turn into some weird workplace sibling rivalry showdown.

Amail · 09-10-2009, 02:05 PM

If you've got an HR person, absolutely positively have them there.

Looking_for_911 · 09-10-2009, 02:05 PM

You need a witness for your side of the story... postpone the meeting, or having your boss do it would be better.
Get HR involved if the boss won't assist you.

Hugh R · 09-10-2009, 02:06 PM

If you have weird feelings, do not converse with her without a witness present, or two. She can say anything and you will be assumed to have done it. Your the guy, it will be like someone saying they saw you looking at kiddie porn. No one will forget the allegation.

cstreit · cstreit's Garage

Agree with all here, do NOT do it alone. Recorded conversations without consent are not admissable in court...

924slover · 09-10-2009, 02:10 PM

No offense to any women reading this but some women can be VERY I repeat VERY manipulative (ask me how i know ). Maybe she wants your job or just plain doesn't like you. "she could just be crazy. Make sure you have someone around like a boss or HR representative that is NON-biased.

LakeCleElum · 09-10-2009, 02:23 PM

One party consent - Legal in some states and not in others. You need to check your local laws.

JeffO · 09-10-2009, 02:25 PM

As I read this , carrying a cell phone can get you arrested for having an illegal recording devise.
http://tech.yahoo.com/blogs/null/150820

Oh Haha · 09-10-2009, 02:27 PM

HR present or no meeting. DO NOT go one on one.

You never know what a person may do in a one on one situation.

CYA, my boy!!!

TheMentat · TheMentat's Garage

Quote:

Originally Posted by LakeCleElum

One party consent - Legal in some states and not in others. You need to check your local laws.

That is my recollection as well...

However, I agree that it would be much better to have somebody else present.

nynor · 09-10-2009, 02:36 PM

i can have this meeting within earshot of the charge nurse. that should work. i am kinda curious as to how she became 'scared' of me. i've never yelled at her or belittled her, so i don't get it.

as for wanting my job, we are peers. its not like i am in a supervisory role or get more hours.

john70t · 09-10-2009, 02:36 PM

Send a recordable letter to your boss and HR regarding EVERYTHING SINGLE THING that has transpired, with everyone.
Leave unecessary details out.
Include in this letter a wish to not be involved with this other employee.

When the SHTF later on, as it probably will with someone else, you may become the companies best witness.
In any case, you are covering your assets(CYA).

nynor · 09-10-2009, 02:39 PM

utah is a one party consent state. as long as i am part of the conversation, i am fine. i am recording it as well.

http://www.aapsonline.org/judicial/telephone.htm

i found a bunch of pages stating the same about the state of utah, but this is the first one that popped up.

m21sniper · 09-10-2009, 02:41 PM

Quote:

Originally Posted by nynor

what is the legality of recording a conversation between myself and a coworker? i feel the need to protect myself, but don't really want to go to jail....

a little back-story:

we have this newish female employee. i knew something was up because she has been very curt and short with me for about two weeks. being an easy going guy, i just let it go, after trying to talk to her a bit. then my boss calls me from work and tells me that she told him that she is 'scared' of me! WTF!? i asked him if she had anything more specific than that, which he denied. i told him that until she talks to me about it, her actions are weak and she doesn't have a leg to stand on. he agreed and decided to set up a one on one meeting with us. just her and i.

the problem is that i get a weird vibe from this woman. i think she is trouble, in some way, and i don't trust her at all.

i am thinking that maybe we should have this discussion with the boss present.

any ideas?

DEFINITELY have the boss present.

nynor · 09-10-2009, 02:43 PM

Quote:

Originally Posted by john70t

Send a recordable letter to your boss and HR regarding EVERYTHING SINGLE THING that has transpired, with everyone.
Leave unecessary details out.
Include in this letter a wish to not be involved with this other employee.

When the SHTF later on, as it probably will with someone else, you may become the companies best witness.
In any case, you are covering your assets(CYA).

that is just it. nothing has really transpired. and its going to be pretty hard to not work with her, being that i do respiratory therapy and there are only five of us that are on the schedule for night shift, two at a time.

my camera has a dictation function and it works pretty damn good. it'll be in the pocket of my scrubs. it can record for 5 hours.

stomachmonkey · 09-10-2009, 02:44 PM

Quote:

Originally Posted by nynor

i can have this meeting within earshot of the charge nurse. that should work. i am kinda curious as to how she became 'scared' of me. i've never yelled at her or belittled her, so i don't get it.

as for wanting my job, we are peers. its not like i am in a supervisory role or get more hours.

Nope, wrong.

You can not rely on that.

Even people that you have bent over backwards for and consider friends can leave you in a very precarious situation.

Ask me how I know. In my situation HR knew it was utter bull**** and lawyered me up the second the other employee left the HR office.

You need to have the conversation in HR. If your direct manager can not be there you need to post pone and avoid the woman like the plague.

trekkor · 09-10-2009, 02:45 PM

If she comes out of the room crying with her shirt ripped open, guess who's going to jail?

KT

nynor · 09-10-2009, 02:46 PM

this is my plan. i am going to record the conversation.

BUT, if things get out of hand AT ALL, i will terminate the conversation and insist that things go through HR. i'll also immediately email HR and my boss.

i think its going to be OK, i just don't particularly like or trust this woman. she is a bit of a drama magnet.