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Can i record the abusing and harassing conversation of boss ?

Irvine, CA |

I am going to have a conversation with my boss tomorrow. One of my co worker gave me a head up that I will be blamed and abused for something i never did, also he is always abusing and uses very insulting words. Can i record his conversation without telling him ? is it legal.

Attorney Answers 4

Posted

It is against the law in California to record someone without their permission. You cannot use such a taped conversation in any court or administrative procedure and furthermore, your boss could sue you and recover damages, as I did one time after defending an employer before the California EDD, when the employee produced a tape with a big smile on his face. He was not filing when we got a $2,000 civil judgment against him in court.

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Posted

No you may not do this in California without the permission of the person or persons you want to record.

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Posted

Be careful! Recording a conversation with another person without their knowledge or consent is a felony under section 632 of the California Penal Code. Have your conversation, when it ends, write down your recollection as best as you can and put that writing in a safe place should you need it at a later time.

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Posted

While it is illegal for you to record someone without their knowledge, you could bring the recording device and ask your boss if he does not mind having the conversation recorded. If you record under these circumstances, you should state at the beginning of the recording that you are recording the conversation and ask all those present to confirm that they have knowledge of the same. You may be surprised, your boss may allow you to record the conversation, simply because he doesn't want to appear to be hiding anything. You could also ask to have a witness present. Good luck.

THIS MESSAGE IS FOR INFORMATION PURPOSES ONLY. IT IS NOT LEGAL ADVICE AND DOES NOT CREATE ANY ATTORNEY/CLIENT RELATIONSHIP

Heather K. McMillan

Stevens, Carlberg & McMillan
1855 West Katella Avenue, Suite 330
Orange, CA 92867
714/288-7300
714/288-0660 Facsimile

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Posted

What if the person being recorded was told AFTER recording started? Can the person recording be breaking the law for the first part of the conversation?