What should an employer do if an employee is secretly recording conversations with management and other employees?

Author: Rhonda Leabo

Both state and federal laws contain restrictions on wiretapping. This applies where one party to a conversation listens in and records a conversation without the other party's knowledge or consent. This issue turns on the expectation of privacy of the parties. For instance, a business conversation in a crowded restaurant is very different from a conversation recorded in a closed office. Some states prohibit wiretapping altogether unless all parties are aware that they are being recorded.

If an employer has reason to believe that an employee is secretly recording conversations, the employer should confirm its suspicions if at all possible before taking action. The employer should follow its disciplinary policy and act in accordance with its disciplinary procedures.