Recording conversation w/o consent in coffee shop

[eruliaf]

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

I have been asked to meet with my employer in an out-of-office coffee shop (Starbucks) and expect to be threatened. Is it illegal to record our conversation in this public setting or is there an expectation of privacy? Can the recording be used in a legal hearing?

Thank you

 

[TigerD]

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

I have been asked to meet with my employer in an out-of-office coffee shop (Starbucks) and expect to be threatened. Is it illegal to record our conversation in this public setting or is there an expectation of privacy? Can the recording be used in a legal hearing?

Thank you

Pennsylvania's wiretapping law is a "two-party consent" law. Pennsylvania makes it a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent. See 18 Pa. Cons. Stat. § 5703 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision).

The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See 18 Pa. Cons. Stat. § 5702 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter A, and then the specific provision). Therefore, you may be able to record in-person conversations occurring in a public place without consent. However, you should always get the consent of all parties before recording any conversation that common sense tells you is private.

In addition to subjecting you to criminal prosecution, violating the Pennsylvania wiretapping law can expose you to a civil lawsuit for damages by an injured party.

Consult the Reporters Committee for Freedom of the Press's Can We Tape?: Pennsylvania for more information on Pennsylvania wiretapping law.

DC

 

[xylene]

Excpect to be threatened????

What does that mean?

Are you talking a real threat, like a crime?

Or do you mean your boss is going to tell you shape up or I am canning you?

 

[eruliaf]

Recording conversation @ coffee shop

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

I have been asked to meet with my employer in an out-of-office coffee shop (Starbucks) and expect to be threatened. Is it illegal to record our conversation without informing them in this public setting or is there an expectation of privacy? Can the recording be used in a legal hearing?

Thank you

FYI, I do not plan on informing them that conversation is being recorded.

 

[xylene]

FYI, I do not plan on informing them that conversation is being recorded.

What you plan to do is illegal.

Why you plan to do it is what we can help you with.

 

[eruliaf]

What you plan to do is illegal.

Why you plan to do it is what we can help you with.

The employer is making unfounded criminal accusations against me because I reported a number of issues regarding discrimination in the workplace (racial, previous employee addressing legally, I have been asked by both party's legal representation to provide the "evidence") and hostility of the environment (physical violence against employees, verbal abuse, threats). The recording has employer addressing these issues ("if you don't like it, quit. we don't have to respect you, you have to respect us.") and making threats of ruining career, "I am immune to the law and will spend all of the money I have to ruin your life", etc.

I am simply trying to protect myself from them following through on these threats.

Is there an expectation of privacy in the coffee shop? Could you explain why this is illegal and what the repercussions may be?

Appreciated

 

[xylene]

Your lawyer is telling you to do this?

 

[eruliaf]

Your lawyer is telling you to do this?

Thanks for being so helpful

 

[quincy]

It has already been explained to you why the recording could be illegal and what the legal ramifications can be of illegally taping a conversation without the consent of all involved - but it sounds as if, from your last post, that a recording of threats from your boss has already been made. Is this the case?

If criminal accusations are being made about you by your boss, and these accusations are being made TO you and ONLY to you, then there is no defamation. Defamation requires a third party. Your boss can say what he likes about you to your face as long as no one else is involved in the conversation.

If the threats become ones where you fear for your safety, then it is a matter for the police.

 

[eruliaf]

It has already been explained to you why the recording would be illegal and what the legal ramifications can be of illegally taping a conversation without the consent of all involved - but it sounds as if, from your last post, that a recording of threats from your boss has already been made. Is this the case?

If criminal accusations are being made about you by your boss, and these accusations are being made TO you and ONLY to you, then there is no defamation. Defamation requires a third party. Your boss can say what he likes about you to your face as long as no one else is involved in the conversation.

If the threats become ones where you fear for your safety, then it is a matter for the police.

There is a record of discrimination towards a specific group of employees. It seems their accusations are in retaliation for my knowledge of and being able to produce those records. The defamation is regarding another current employee and past employees that also reported having issues with discrimination and workplace hostility. They are also dealing with similar allegations/accusations. Because efforts are being made to negatively impact my credibility, I was hoping an audio recording would help in our collective defense. It is clear to me that the employer is trying to force me to quit in efforts to deny unemployment insurance. I am really at a loss for what to do (besides looking for a new employer, which may take a while to accomplish despite efforts). While I understand I can enlist the support of a number of third parties to address the initial concerns (police, attorney), I need to find a way to secure some form of income..

 

[justalayman]

Thanks for being so helpful

why mock a person that simply asks a question of you? Your statement of

, I have been asked by both party's legal representation to provide the "evidence")

doesn't make it clear who "both parties" are.

 

[eruliaf]

why mock a person that simply asks a question of you? Your statement of doesn't make it clear who "both parties" are.

Apologies, I misread. I was initially instructed by employer c/o their lawyer to investigate and provide specific records in efforts to investigate the discrimination claim. While I have not passed on the specific records, I did report knowledge of having them to my employer. That is, I believe, what started their efforts to discredit me and force resignation.

 

[quincy]

Eruliaf, you would probably be wise to seek the advice of your own attorney in Pennsylvania at this point, and review with this attorney all of the issues and facts involved in the discrimination matter and go over the threats of retaliation you have experienced, so that you can best protect your rights while avoiding the possibility of violating the rights of another or others.

Unless you are a trained investigator, it is best to leave investigations to others. Experienced investigators will know what can legally be done to secure evidence and what must be done to make this evidence admissible in court.

As for trying to secure other employment, there is no way any of us here can help you with that. I guess the best thing for you to do is get in line behind everyone else trying to find a job.

Good luck.

 

[eruliaf]

Thanks for all of your time and feedback.