Tape recording conversations in meetings; legal and morale implications.

Chevy01

Over several months a director level employee within our organization to whom I report treated one of my staff in a very hostile manner. This behavior quickly moved to myself as well. I reported the behavior to our HR department, and was told basically that I should let by gones be by gones, and learn to look beyond the immediate situation and perceive why this individual was acting the way he was. It appeared that HR had talked to him though as his behavior did improve.

However, it just became apparent that this individual is tape recording conversations I have with him in his office. I came into his office to discuss clarify some staff objectives, and he clearly stopped the conversation, reached over to a tape recorder next to his desk, popped the tape out, but it back in, and pushed down the record button. He did not ask my permission, nor did he say he was taping the conversation. I didn't confront him, and ask him if he was recording the conversation because I didn't know how to respond if he was, and I guess also because I hesitate to set off the behavior that has been exhibited in the past.

I checked with HR about how to proceed, and was told to ask if I was being recorded, and if so whether this behavior was limited to that conversation or if all our conversations would be taped, and why.

On further research, I am reading that in the state of Maryland, where we are, it is illegal to tape a conversation without the consent of both parties. Did I give him implied consent by not immediately asking if I was being taped, when he put the tape in the recorder? I also read that this type of behavior could also be construed to be a continuance of the hostile, or harrassing type behavior he'd exhibited earlier, and has a negative impact on employee morale etc. So, how do I proceed? If he indicates he is taping our conversations, do I refuse to consent? Do I talk to our company legal department? Do I look outside for legal counsel?

dolores

Clearly your HR department needs to have a conversation with the director. I have no knowledge of whether or not your failure to object constitutes "implied consent" (my gut feeling is "no"), however, your company should definitely be concerned that their failing to address the situation with the employee might somehow bring them into a lawsuit should one arise over his/her conduct.

Gillian

Dolores is correct. This is clearly a problem and you have your research to prove it. I don't know enough to second guess your HR department but someone needs to tell this person that recording without consent is not the proper thing to do. I would take a copy of your research to the HR Department and your Legal Department and see what happens before I would go to an outside attorney.

Don D

My guess is that somebody has had a discussion with him about his interpersonal relationships and he's made the (poor) decision to start taping evidence of how he deals with others. I agree with the other post that H.R. is responsible for having a discussion with him about the taping of conversations. If your job calls for you to interract with him and visit his office and you are not entirely comfortable doing that, and have expressed it to H.R., I think it's bad advice for them to tell you to question the man and how to do it. My gut feeling is that he is taping others as well. Your H.R. people should clearly see this as an opportunity to work with this man's behavior.

Theresa Gegen TX

Generally if you know you are being taped and you don't say anything, that is probably implied consent. Most employers who record telephone conversations, etc, can do so legally by informing the parties that their conversations are subject to monitoring. So by seeing the tape (clearly he did it in the open) and continuing the conversation, legally the company is probably not liable.

I suggest that you go back to HR and explain that you do not feel comfortable confronting your boss about the taping, that you see the taping as being a hostile and harassing act, and that you are specifically requesting their assistance in resolving the situation so that you and your boss can move forward and work together.

Once you hire an attorney to represent you and let the company know you have done so, the situation will be racheted up. You may not want to do that just yet.

Good Luck!