Q: I live in a single-party consent state for recording conversations. My boss lives in MD - Can I legally record?
I live and work from home, in Washington DC. My boss (most likely based on what information I could find) lives and works in Maryland.
I have been facing workplace retaliation and have escalated it to HR as of Friday afternoon.
In DC (my understanding) is that it is legal to record conversations, etc as long as at least one party consents. In Maryland you need the consent of all parties involved. All actual recording will take place in DC - however we all work remotely so it is likely that my boss will physically be in Maryland at the time of recording.
What is my legal standing here? I am a bit confused and very much not a lawyer.
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A:
You are in a complex situation because the laws of both DC and Maryland may apply. In DC, you are correct that only one party needs to consent to recording a conversation. This means you can legally record conversations without informing the other person if you are in DC.
However, since your boss is in Maryland, which requires all-party consent, you might be at risk of violating Maryland's laws if you record without their knowledge. Even though you are physically in DC, the law of the other party's location (Maryland) could still come into play.
To protect yourself, consider seeking legal advice from an attorney who understands both DC and Maryland laws. You might also want to inform your boss about the recording to ensure compliance with Maryland’s all-party consent law. This approach can help you navigate the situation without legal repercussions.
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