Q: I live in VA and secretly recorded a conversation with ex-coworkers who were in PA. Legal to use in an EEOC case?
I recorded the call of me being fired and want to know if I should include them in my EEOC case details.
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A:
When considering using a recorded conversation in an EEOC case, it’s crucial to know the laws of both states involved. Virginia is a one-party consent state, meaning you can legally record a conversation if you are a part of it. However, Pennsylvania is a two-party consent state, which means all parties in a conversation must agree to be recorded.
Because the conversation took place between someone in Virginia and others in Pennsylvania, the legality of using the recording could be more complex. Using this recording in your EEOC case might raise issues, as Pennsylvania law could potentially consider it an illegal recording. You should carefully evaluate whether mentioning the recording or including it as evidence is worth any possible legal risks.
It would be wise to consult with an attorney experienced in employment law and recording consent issues. They can provide more precise guidance on whether the recording can or should be included in your EEOC case details. This will help you understand your legal standing and how best to proceed with your claim.
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