How to talk to someone 1-on-1 without them recording the conversation

[ChrisMa]

What is the name of your state (only U.S. law)? I live in Maryland, but the conversation will happen in Virginia.

I need to meet with an employer in order to negotiate payment working for them as an independent contractor.

According to an employment contract that I have signed with a previous employer, I am obligated to assist this new employer for 60 days as long as the compensation is similar to what I was getting before. Although, it is unlikely that the old employer will be able to enforce the contract (for various reasons), I would like to side-step the whole issue and have a 1-on-1 conversation with the CEO of the new company without worrying that what I am saying will be recorded and used against me at a later time.

Is it possible to do this? How should I go about setting this up? I'm not opposed to hiring a lawyer for help, just need a point in the right direction to know where to start looking.

Thanks!

 

[quincy]

What is the name of your state (only U.S. law)? I live in Maryland, but the conversation will happen in Virginia.

I need to meet with an employer in order to negotiate payment working for them as an independent contractor.

According to an employment contract that I have signed with a previous employer, I am obligated to assist this new employer for 60 days as long as the compensation is similar to what I was getting before. Although, it is unlikely that the old employer will be able to enforce the contract (for various reasons), I would like to side-step the whole issue and have a 1-on-1 conversation with the CEO of the new company without worrying that what I am saying will be recorded and used against me at a later time.

Is it possible to do this? How should I go about setting this up? I'm not opposed to hiring a lawyer for help, just need a point in the right direction to know where to start looking.

Thanks!

The easiest way to ensure that nothing you say will be used against you later is to not say anything that can be used against you later.

Otherwise, you can ask the CEO of the new company to sign a non-disclosure/confidentiality agreement prior to speaking with him. Whether he will sign such an agreement or not is something that cannot be predicted.

 

[adjusterjack]

Is it possible to do this? How should I go about setting this up? I'm not opposed to hiring a lawyer for help, just need a point in the right direction to know where to start looking.

Virginia is a one party consent state for the recording of in-person conversations (VA Code 19.2-61).

That means that the CEO can record your conversation without your consent even if he says he won't.

Lawyer or no lawyer, unless you plan on strip searching the CEO, there is nothing you can do to prevent him from recording the conversation.

Maryland OTOH is an all party consent state which makes it illegal to record the conversation without your consent (MD Code 10-402). If he did it in Maryland and tried to use the recording against you in Maryland, you could have him prosecuted for it.

Bottom line, though, is that making recoding of your negotiations an issue is likely to result in you not getting the job at.

You: "Mr CEO, I want the job and I am well qualified for it but I want to make sure you aren't recording our discussions."

Him: "Huh? You sound like a paranoid mental case. Get lost."

 

[quincy]

... Bottom line, though, is that making recoding of your negotiations an issue is likely to result in you not getting the job at ...

I disagree a bit with your "bottom line," adjusterjack.

Nondisclosure agreements are commonly used when someone is employed by one company and interviewing for a position with another (perhaps competing) company. The employee/interviewee does not want the fact of the interview known to his/her current employer.

A typical nondisclosure agreement would include, under perhaps an "obligations of receiving party" clause, that there will be no copying, publishing, disclosing, or otherwise using what is said. All would remain confidential.

In other words, asking that the conversation not be recorded would not result in someone not getting the job if confidentiality is an issue. But it is easier to have that condition covered by the NDA.

 

[ChrisMa]

The easiest way to ensure that nothing you say will be used against you later is to not say anything that can be used against you later.

Otherwise, you can ask the CEO of the new company to sign a non-disclosure/confidentiality agreement prior to speaking with him. Whether he will sign such an agreement or not is something that cannot be predicted.

How would I go about getting a non-disclosure agreement that would be appropriate for this use case?

If he doesn't want to sign it, its no problem, I'll just decline to talk with him.

 

[ChrisMa]

Virginia is a one party consent state for the recording of in-person conversations (VA Code 19.2-61).

That means that the CEO can record your conversation without your consent even if he says he won't.

Lawyer or no lawyer, unless you plan on strip searching the CEO, there is nothing you can do to prevent him from recording the conversation.

Maryland OTOH is an all party consent state which makes it illegal to record the conversation without your consent (MD Code 10-402). If he did it in Maryland and tried to use the recording against you in Maryland, you could have him prosecuted for it.

Bottom line, though, is that making recoding of your negotiations an issue is likely to result in you not getting the job at.

You: "Mr CEO, I want the job and I am well qualified for it but I want to make sure you aren't recording our discussions."

Him: "Huh? You sound like a paranoid mental case. Get lost."

Just to clarify. I don't really want to work with him and I'm happy not to. He is in a position where he needs me and I don't need him.

 

[quincy]

How would I go about getting a non-disclosure agreement that would be appropriate for this use case?

If he doesn't want to sign it, its no problem, I'll just decline to talk with him.

The best nondisclosure agreement is one that is drafted specifically for your purposes by an attorney in your area who knows what that purpose is. But there are sample nondisclosure agreements that can be found online, so you can structure your own based on the type of protection you feel you need.

If you don't really want the job that is being offered, that relieves some of the worry - but you still must be concerned with any agreement you signed with your current employer that might be breached if it is learned that you met with and spoke to the CEO of a competing company.