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Can an employee record a meeting without consent

Usk, WA |

I have recorded a meeting I had which was a reviewment, that turned into termination of employment. I recorded the meeting without them knowing as I was wary of the meeting. I am since making an appeal & wondered if I am able to use the recording as evidence. I am present the whole time of the meeting

Attorney Answers 2


Under Washington law, it is unlawful to record a conversation without all parties' consent. It will not be admissible in any proceeding and may be used to prosecute you. Sorry.

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Mr. Higgins is correct. Washington law makes non-consensual recordings illegal; an impermissible recording is a gross misdemeanor and also gives rise to a private right of action (i.e., the recording-maker is subject to civil suit). It is possible that you violated the law by recording that meeting without permission. I have attached a link to the relevant provision of Washington law for your review. Take a look at RCW 9.73.030. Other statutes in the same chapter establish the criminal nature of the action and discuss the private right of action. If you have questions about your conduct after reviewing the code, you should consult with an attorney to discuss the implications of your actions, and what additional steps might be appropriate. I also suggest that you refrain from any further public postings about this issue.

Oh, and the recording will probably be inadmissible as evidence, too. RCW 9.73.050.

Benjamin Nivison is an attorney licensed to practice law in Washington State. This communication does not create an attorney-client relationship between you and Mr. Nivison, nor does it constitute specific advice for your particular legal matter. The information provided in this communication is for general reference and informational purposes only, and therefore should not be relied on as legal advice. Legal issues are by their nature complex, and any person with a legal question should fully consult with a qualified attorney.

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