Pocono Summit, PA asked in Employment Law for Pennsylvania

Q: I had a conversation with my boss that he recorded without my knowledge. Can he legally do that?

He never asked my permission just told me that the conversation had been recorded then pulled out his phone and made a show of speaking into it and saying that this concludes this conversation at this time/place. At no time did I agree to this

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1 Lawyer Answer
Raul Jauregui
Raul Jauregui
Answered
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: What an interesting, and dangerous, situation. I am a Pennsylvania lawyer so nothing that I say here, beyond get an employment lawyer now, is legal advice. That said, Pennsylvania is the kind of state where both people need to agree to recordings. Here's the statute and you can read all about it:

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=57

More to the danger point--it's ominous to have your boss record you. While he or she may not know doing that could be a crime, but surely he or she knew there was something special about that conversation. I can't imagine this boss records everyone or lets everyone know about the recording. I wouldn't worry so much about the secrecy or lack of consent to the recording, rather I would really focus on the underlying tension which is clearly something for which you require legal advice from a qualified employment lawyer.

Good luck.

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