Secret recording devices are no longer limited to James Bond and Inspector Gadget. It’s likely that almost every employee in your company has a smartphone, and thus a recording device—and it’s almost a certainty that someone will use it to secretly record conversations in the workplace, says Jarad Lucan of Shipman & Goodwin. The question being, can you prohibit or discipline this behavior?
“The answer depends on why the employee was making the recording and what law applies if an employee challenges the discipline as being unlawful,” says Lucan. For example, most courts examining the issue have determined that if an employee is secretly recording conversations to gather evidence to support his or her discrimination claim, he or she may be terminated for this behavior if it’s in violation of a company policy.
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