Lacey, WA asked in Employment Law for Washington

Q: is it legal to record someone with out consent or knowledge if its to catch them harassing you at the workplace

the harassment is both verbal abuse and sexual in nature. no physical sexual harassment so the recording would be audio

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2 Lawyer Answers
Carrie Dyer
Carrie Dyer
Answered

A: Washington is a "two-party consent" state. That means it is unlawful to intercept or record a private phone call, in-person conversation, or electronic communication unless all parties to the communication consent.

Eva Zelson
Eva Zelson
Answered

A: Eleven states, including Pennsylvania, Washington, and Massachusetts, require two-party consent, meaning that everyone involved must consent to be recorded to be legal. In all other states and the District of Columbia, one-party consent is okay for recorded in-person or over the phone conversations. While your inclination to get hard evidence of the harassment is good, have a discussion with an employment lawyer to analyze your evidence before doing something illegal.

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