Is it illegal to record conversations in the workplace between you and your supervisor even though you have made he/she aware that you are doing so and does it require a waiver between the 2?

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Is it illegal to record conversations in the workplace between you and your supervisor even though you have made he/she aware that you are doing so and does it require a waiver between the 2?

Asked on November 2, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Legally, if you tell the supervisor prior to recording the conversation that you will be recording it, and he or she chooses to still speak with you, you are fine--though note: you must also make any/all other persons speak or participating in the conversation aware of the recording, too, in Pennsylvania. You do not need a written waiver: the fact that people continue speaking after being told of the recording constitutes waiver--though it's good to make sure you record the fact that you told them you'd be recording as well.


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