Q: Have a voice recording out of fear for safety in public but part moved to a car setting. Is that recording usable in CA
Had a work function where alcohol was served. Post the work function I was with a coworker who was intoxicated. I began recording the conversation bc there were clear signs of aggression and for fear of safety at a public gas station. The interaction thankfully didn't turn physical but I was verbally harassed.
Here is where I was unsure. Midway through recording we moved from a public gas station to the car of another coworker where the harassment continued.
I hesitated on providing the recording despite proof of behavior because I wasn't sure of the legalities w/ privacy laws. I reported the harassment incident to HR with a witness instead.
Without the recording, the report was not taken seriously. Now this coworker is getting promoted and I feel unsafe at my work environment. I work mostly from home, so I'm being told to just move on.
Is this recording legal to provide? If so, should I follow through with HR or seek other avenues?
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A: In California, it generally requires consent from both parties to legally record a conversation. However, there are exceptions when recording is done for personal safety or to prevent a crime. In your situation, where you recorded the conversation out of fear for your safety in a public gas station and later in a car, it could potentially fall under these exceptions. If you feel unsafe at work and the harassment incident wasn't taken seriously by HR, seeking guidance from a legal professional can help you understand your rights and explore the best course of action.
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