a verbal agreement with my job...

My question is:
If I were to record a conversation with my boss would it be admissable in a small claims court. He would not realize the conversation is being recorded.

Background:
I work as a pilot in New Jersey. I am a resident of Pennsylvania.
My employer just hired me a few months ago.
To get the job I had to pay them for the simulator training I received from them. The Simulator was charged at $500/hour.
I was told told to give them $10,000 to cover the cost and any unused portion would be refunded. I DO Not have this agreement in writting. (stupid of me)

I trained for 14 hours which is $7000. That means I am due $3000 to be refunded according to our verbal agreement.

I have requested (verbally and written) numberous times for my refund. When I was given a responce it was that they would look into it. I have waited 3 months since the completion of training. My patience is wearing thin.

Recording might not be your best bet, evidence-wise. How did you pay the $10,000 (please don't say cash). And is there a log or other proof of the time you spent on the sim? Those two together ought to be enough to prove your case in small claims.

ctcflyboy said:

If I were to record a conversation with my boss would it be admissable in a small claims court.

Click to expand...

As long as the case would be heard in PA, or one of the parties to the recorded conversation is IN PA (at the time), no.

Pennsylvania
18 Pa. Cons. Stat. §§ 5703, 5704: It is a felony to intercept any wire, oral or electronic communication without the consent of all participants. It also is a felony to disclose or use the contents of a communication when there is reason to know those contents were obtained through an illegal interception.

New Jersey:
N.J. Stat. § 2A:156A-3: Interception of any wire, electronic or oral communication, or disclosure of the contents of such communication by someone having reason to know of the interception, is a crime. The disclosure of intercepted information is not a crime, however, if the contents of the communication have "become public knowledge or public information."

In addition, an interception is legal if the interceptor is a party to the communication, or one of the parties has given prior consent, so long as no criminal or tortious intent is present. Nonetheless, even if a person is a subscriber to a particular telephone, that person cannot consent to the recording of conversations on that telephone to which he is not a party. N.J. Stat. § 2A:156A-4.

However, if you can remove PA from the issue (lawsuit filed in NJ and both parties to the recorded conversation IN NJ at the time of the recording), then yes.