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Pros and Cons of Recording Conversations

5.17.11

Tex McIver, a senior partner in the Atlanta office, was quoted in the May 17 SHRM Online article "Pros and Cons of Recording Conversations." The article examined the rights of the employer when an employee records a disciplinary conference without the supervisor's knowledge and later uses the recording in a lawsuit. What happens when the HR professional discovers that the employee is recording the disciplinary meeting secretly and can the company take action? The answer is yes, but only after they confirm it is safe to do so, from a legal perspective. Tex said: "At a minimum, the employer should have a clear policy prohibiting unauthorized photography or audio or video recording in place before taking any action against an employee for engaging in such conduct."

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