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Audio Recording Investigation

rkrbrkrb 8 Posts
in HR & Employment Law Vote Up0Vote Down
Is it legal to audio record a question and answer session while conducting an investigation.
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  • TX AnnieTX Annie 12 Posts
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    To my knowledge, you'll need to look at the laws in your state to answer your question. In Texas, it is legal to audio record but that may not be true in other states.

    Hope this helps!
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  • pork1pork1 1,054 Posts
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    RKRB: Sure it is! Just make sure, if you intend to use the audio in further legal actions, that you announce on the front end of the conversation that the session will be recorded and ask the other party if they object, and tell them they have the option to go off recorded conversation at any time they wish. When you turn the recording off announce to the recording that it will be turned off and then clearily inform the other party when the recording is returned to the recording mode. You do this to identify an official pause in the taping process.

    I have used this method several times, I have been told that in our state that omly one party to the recording must be aware of the taped conversation. I have never attempted to use any tape recording in legal actions with only one party understanding that the tape recorder is on.

    I have a recording device on my telephone line and can engage the tape recording, at any time I wish to record angry or employee complaints. I do not use these conversations for legal purposes, but I have used the conversations to have a record of the complaint and what and how I responded. Angry employees or X-employees have a bad habit speaking when they should have their ears on instead of their mouth!

    Seek legal advise from your retained attorney within your state for your situations.

    PORK
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