Can I use a voice recorder to record my disputes with my co-worker in a nursing home setting?

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Can I use a voice recorder to record my disputes with my co-worker in a nursing home setting?

I have a co-worker who has gone out of her way on several occasions to verbally attack me – making threats, checking up on my work, telling me that I am terrible at my job, insulting me, etc. I am not the only one to report her for this kind of behavior. My bosses refuse to do anything about her behavior because she’s very good at defending herself but they underestimate how bad the situation really is. Would it be illegal to record her conversations with me, without her knowledge, as long as I am not recording resident/patient voices?

Asked on July 15, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Colorado is a "one party consent" state, which means that if one party to a conversation (i.e. you) agree or consent to record the conversation (which you presumably do, if you are recording it) then it is legal to record it and you do not need to warn the other person that you are doing so. So you may record and use the conversation, though that may or may not help you--it is legal for one employee to insult another, and employers are not required to take action to stop it.


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