Is concealed voice (not phone) recording legal?

[FatherOrNot]

What is the name of your state (only U.S. law)? California

I'm about to start working at a new place, and am considering carrying a voice recorder with me at certain (or all) times. There is no specific reason for that at the moment, but I'm thinking of this as a safety measure against potential "he said - she said" situations. It is also quite useful when a conversation turns out to be unexpectedly important and full of details, and I want to be able to get back to it.

Question is, is it legal to carry a voice recorder concealed? I do not plan to expose it or let anyone know that I have it, cause such notices destroy the conversation. I know that recording phone talks without consent is illegal in CA, and I do not plan to do that. However, I read some mentions that "one cannot expect privacy in a public place". Is office a public place? If so, is it OK for me to record everything, just in case?

If yes, will I be able to use the recordings as evidence in litigation? Let's say there's a harassment lawsuit.

P.S. Let's set aside the practicality of this idea. I do realize that having 8 hours of voice files per day may be way too much, and I'll figure out a way capture only the important stuff. Question is, may I do it in the first place.

As always, thanks a lot for the great help you are providing here.

 

[mlane58]

Eavesdropping upon or recording a conversation, whether by telephone or face-to-face, when a person would reasonably expect their conversation to be confined to the parties present, carries the same penalty as intercepting telephone or wire communications in California. You need counseling for your paranoia.

 

[eerelations]

So why on earth did you accept a job where you're pretty much certain that you're gonna get sued? What is it you're planning on doing there?

 

[FatherOrNot]

OK, I gave this another thought, and you might be right. My biggest reason for concerns is that I'm a foreigner coming from a different culture, and I had awkward experiences here because of not knowing some subtle cultural/language things. Some behavior that is perfectly OK for my country might be considered offensive here.

However, if I do get myself in trouble by saying something inappropriate, the voice recorder is not actually going to help me - it will only dig me deeper into the grave.

Anyway, illegal is illegal, so matter is closed. Thanks.

 

[eerelations]

If you have an HR person at your new company, it might help if you have a meeting with him/her and explain that you're from a different culture and you'd like some advice on how not to run afoul of your new culture's rules and regs.

 

[ecmst12]

However, if I do get myself in trouble by saying something inappropriate, the voice recorder is not actually going to help me - it will only dig me deeper into the grave.

Gotta say, this is one of the wiser insights I've seen from a poster around here! This kind of thinking tells me that you're probably going to do OK here

 

[phase08]

It's illegal in California and lots of other states:

California Supreme Court prohibits recording Californians without consent -- wherever you are [Politech]

 

[mlane58]

It's illegal in Califirnia and lots of other states:

California Supreme Court prohibits recording Californians without consent -- wherever you are [Politech]

We know that and have already explained this to the OP.

 

[eerelations]

I'm just a tad concerned/curious about someone who is so sure he's going to get sued by a coworker (any coworker!) that he wants to wear a wire at work. Really, what does this guy think he's going to do that will cause one or more of his coworkers to sue him?

 

[phase08]

We know that and have already explained this to the OP.

It's nice that you know, but I don't see where you privided this particular information or any link to back uo your professed knowledge. Furthermore, I don't see where more (substantiated and complete) information does any harm.

 

[mlane58]

It's nice that you know, but I don't see where you privided this particular information or any link to back uo your professed knowledge. Furthermore, I don't see where more (substantiated and complete) information does any harm.

Well then you can't read. If you had, you would have found it in my first post which came straight from the a summary of the law itself.

 

[troopdragon]

I think its irresponsible to tell someone they shouldn't A) be concerned with their protection in the workplace and B) Not work in a place that you think you could be sued in (Which doesn't exist, wow). What is someone is sexually harassing you or you are getting death threats in the workplace. Would it be a dumb idea to be recording these conversations if they happen to be going on and you have the means to do so? It's devastating to think that some people would be so willy-nilly about this serious topic and just assume its better not to. Even if you aren't in a 1-party consent state, it is still an invaluable resource in the abusive work environments that we all know exist.

I hope I read those comments the wrong way earlier, but the fact of the matter is that you can't magically go back in time and tape something, and if you are willing to put in the time and effort, I think you should be thrilled to have that information at your disposal.

 

[Proserpina]

I think its irresponsible to tell someone they shouldn't A) be concerned with their protection in the workplace and B) Not work in a place that you think you could be sued in (Which doesn't exist, wow). What is someone is sexually harassing you or you are getting death threats in the workplace. Would it be a dumb idea to be recording these conversations if they happen to be going on and you have the means to do so? It's devastating to think that some people would be so willy-nilly about this serious topic and just assume its better not to. Even if you aren't in a 1-party consent state, it is still an invaluable resource in the abusive work environments that we all know exist.

I hope I read those comments the wrong way earlier, but the fact of the matter is that you can't magically go back in time and tape something, and if you are willing to put in the time and effort, I think you should be thrilled to have that information at your disposal.

What's irresponsible is ignoring the part about illegally-obtained recordings.....you're way off base on this one.

(OP hasn't been back in a month, btw).

 

[troopdragon]

The point seems to be missed here. I will certainly say that if you believe that recording a conversation and not informing the other party in a 2-party consent state such as California, you are doing something illegal and that evidence is not admissible in court (unless you are in a life-threatening situation, which by itself I believe is worth being prepared for). That does not mean that the person who began this thread will not ask for permission upon accepting the job or will receive consent when they begin recording. Just tossing this option out is completely stupid, and it should have been elaborated upon instead of driven out of the question. If you mean to say that you may legally obtain these recording (which takes some thinking outside of the box) and believe it is not worth doing, then you need your head examined because it could prevent you from being sued or even killed in an extreme circumstance. Do this forum a favor and don't post unless you are prepared to fully examine the question, not just stamping it out pointlessly.

 

[Proserpina]

It would appear that we're not the ones missing a/the point here, troopdragon.