Making in person voice recordings in California.

What is the name of your state? California

In reference to California’s Penal Code 632

I asked for my manager’s permission to record my performance review on my laptop computer, my manager said "...yeah, go for it". I wanted to record the meeting since he was so vague about expectations during the last review and hounding someone who is rarely available for anything is the quick way to get on their bad side. During this performance review my manager equated me and another race to "script monkeys" (I'm a black male. Yes, he's on crack and he’s inexperienced at management) while telling me I'm "…worthless" even though he admitted I completed my projects and did some extra work to help other team members.

My issue is; I am SURE my manager will lie and say I didn’t get his permission to record the conversation.

I went to HR and informed them of the recordings, him giving me permission and:

- During the performance review meeting me and the manager got more then loud enough for others outside of the small meeting room to hear us. I informed him more than once I was insulted by his comments and made sure he heard me.

- My manager and I are computer professionals with more than 10 years each. It is well known amongst computer professionals that microphones have been included in most laptop models since the mid 90s and they can be used as voice recording devices. His laptop includes a microphone and so does the work issued one I have.

Is it reasonable to expect that the two points mentioned to HR about the recording would negate California’s “...reasonable expectation of privacy” along with my asking his permission if I could record the performance review meeting (even though I know he’ll lie and say he didn’t give me permission)?

I believe I am referring to California’s Penal Code 632.

Thank you for your help

You should have put his agreement on the recording. Now, he can easily say he did not know about it.

Consult an attorney or you could find yourself in trouble. It's not likely the POLICE will do anything about it, but chances are the recording is not going to be permitted in court.

And I doubt that the presence of the laptop would be sufficient to make a reasonable person assume they were being recorded. I have a laptop but never use it to record. A tape recorder on the desk would be better ... and, getting his permission on the laptop would have been better. or even a statement, "You understand this is being recorded, right?"

- Carl

LMAO @ script monkeys!!

I don't know you or your boss so I honestly can't say whether that way a racist remark or not...but being that I'm in the IT field also, I've heard script monkeys, script kiddies etc....and it's never been about race, it's always been about the work being done and generally refers to new programmers that don't have much real world experience. If he really was being racist then something needs to be done about it. If not then you need to blow it off as him being an ******* because playing the race card when some one says monkey in the presence of black person is equally retarded.