May an employer record a disciplinary meeting?

Author: Marta Moakley, XpertHR Legal Editor

It depends. Whether a disciplinary meeting may be recorded depends on a combination of applicable state law and federal labor laws.

Some states make it illegal to record conversations without the consent of all of the parties to the conversation. Other states have a "one-party consent" law, which permits recording by any one party to the conversation without the consent of the other party.

In addition, the National Labor Relations Board has held that an employer may commit an unfair labor practice when it fires an employee for secretly recording a disciplinary meeting because an employer may not discipline an employee who engages in a protected, concerted activity.