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More People Are Using Smartphones to Secretly Record Office Conversations

8.1.11

Tex McIver, a partner in Atlanta, was quoted in the article "More People Are Using Smartphones to Secretly Record Office Conversations." The article ran online with Fiscal Times and Business Insider. The article noted that there are no statistics on how frequently workplace secret recordings take place, but smartphones and other small devices have given employees and employers a powerful tool to easily record sensitive workplace conversations. The recordings could later be used in court or administrative hearings or could be used to embarrass someone or their organization. Tex said the potential damage from workplace recordings should be a wakeup call to management. He cautions employers against recording conversations without employee consent and advises having a witness present during performance reviews or disciplinary hearings. "It chills free speech. But if it's a particularly ugly termination, the best way to protect an employer conducting a meeting is to tape it."

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