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Hello. I had a lady at my workplace tape record me several
months ago. We had a major argument. She has the
reputation of manipulating people. She pushed my buttons
and I went off on her. She currently is taking this recording
and playing it to people and future employment. She only
tape recoded the part she wanted to record and makes me
look very bad. Can I sue for Defamation or how do I stop
Asked on September 11, 2018 under Personal Injury, Kentucky
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Your state is what is known as a "one-party consent" state. That means that so long as one person in the conversation consented or agreed to record the conversation, it is legal: if you and she were arguing and she recorded it, then by definition, she consent to (agreed to) the recording. The recording is therefore legal, and she can play it for people.
Defamation is making a false factual statement about you: playing your own recorded words is not defamation, since if it is what you fact said, it is not false. Therefore, even if this is bad for you, based on what you write, there is nothing you can do about this.
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