Can I legally record a my conversation with a supervisor without him knowing?
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Can I legally record a my conversation with a supervisor without him knowing?
I am having problems with 2 of my supervisors at work and I want to confront them about it. However I am worried about retaliation from them and it being a he said/she said issue. Can I record the conversation with out them knowing it?
Asked on October 30, 2010 under Employment Labor Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Federal and most state laws, including MO, follow the "1 party consent" rule. This rule allows for the taping of a telephone call or in-person conversation as long as at least 1 party to the call/conversation is aware that the conversation is being recorded. So recording such a conversation is not illegal. However, since MO is an "at will" employment stater , this means that your employer can fire you for any reason or no reason at all. You didn't provide much by way of details but unless your situation would fall under some form of workplace discrimination resulting in wrongful discharge, retaliation per se is not protected. So you may just want to reconsider such a move.
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