Can you record conversations between managers and employees(myself) in closed office

[NeedAdvice101A]

The title states basically what I'm asking. I work at a large grocery chain and occasionally I'm asked to speak with management, in their closed office, for disciplinary reasons. We have a union and I can have a union representative with me during the conversation. We do have a Code of Conduct(CoC) handbook, but I doubt it covers anything like this and I would assume state laws would just supersede them. They know I have an ipod that can record voice. Once, during a large meeting with several managers, they made it clear to me they didn't want the conversation recorded. I live and work in Ohio, which is a one-party consent state. So, I'd like to know first, can I record these conversations and if so, what should I do about it.

It's a public building, a public company but a closed room and clearly the conversation is not meant to be public or recorded. Ohio is a one-party state so I feel as though I can record these conversations. As much as I'd like to entrap them in violating my rights, then sue in same way, it would probably be most sensible to just go to the police and inform them that this is going on and have them visit the store and maybe talk to the HR people, and explain to them my rights. I don't want to be inflammatory towards management even though they seem to think they can do about anything within the confines of the store without regard to laws etc.

 

[quincy]

If you are a party to the conversation being recorded then, yes, you can legally record the conversation.

That said, if your employer has expressly told you that all recording is prohibited, your employer could terminate your employment if you are discovered recording.

In addition, if what is being discussed in a meeting is confidential in nature (e.g., trade secrets) and you disclose the contents of the recording/meeting, legal actions can be taken against you.

 

[Just Blue]

The title states basically what I'm asking. I work at a large grocery chain and occasionally I'm asked to speak with management, in their closed office, for disciplinary reasons. We have a union and I can have a union representative with me during the conversation. We do have a Code of Conduct(CoC) handbook, but I doubt it covers anything like this and I would assume state laws would just supersede them. They know I have an ipod that can record voice. Once, during a large meeting with several managers, they made it clear to me they didn't want the conversation recorded. I live and work in Ohio, which is a one-party consent state. So, I'd like to know first, can I record these conversations and if so, what should I do about it.

It's a public building, a public company but a closed room and clearly the conversation is not meant to be public or recorded. Ohio is a one-party state so I feel as though I can record these conversations. As much as I'd like to entrap them in violating my rights, then sue in same way, it would probably be most sensible to just go to the police and inform them that this is going on and have them visit the store and maybe talk to the HR people, and explain to them my rights. I don't want to be inflammatory towards management even though they seem to think they can do about anything within the confines of the store without regard to laws etc.

I'm curious...What rights do you feel they are violating?

 

[cbg]

The fact that it may be legal in your state to do one-party recordings does not mean that you have a protected right to do so. If your employer tells you that you cannot, then you cannot, and they are not violating any laws in telling you that.

 

[adjusterjack]

As much as I'd like to entrap them in violating my rights, then sue in same way, it would probably be most sensible to just go to the police and inform them that this is going on

You're very naïve.

You are likely to get shown the door the minute your employer finds out about the recording.

they seem to think they can do about anything within the confines of the store without regard to laws

What laws?

Cite a statute number so we can advise you further.

 

[FlyingRon]

You should discuss this carefully with the union before going forward. You don't want to make an action that could be arguable either via the CBA or NLRB into one that is firing for cause.

 

[quincy]

There is plenty of case law out of Ohio where courts have held company policies (handbook rules and regulations) can be enforced and violations of these policies can result in employee terminations for cause AND subsequent denial of unemployment compensation.

Although the recording itself (under most circumstances) would not be illegal in Ohio and could not result in a criminal charge against the party recording his own conversation, surreptitious recording is rarely a good idea (under any circumstance).

Investigations into a company's possible illegal activities should be handled by professionals, not by a disgruntled employee with an iPod.

 

[adjusterjack]

surreptitious recording is rarely a good idea (under any circumstance).

It could be a good idea under lots of circumstances, but a very bad idea under employment circumstances where one can get fired just for ticking off the boss.

 

[quincy]

It could be a good idea under lots of circumstances, but a very bad idea under employment circumstances where one can get fired just for ticking off the boss.

I don't know of many circumstances outside professional investigative work where recording someone surreptitiously is a good idea.

These recordings also often are not admissible as evidence in court so they have limited worth in that respect.

But, right. Violating company policy to record a conversation in the workplace is not the smartest thing an employee can do.

 

[Just Blue]

It would have been helpful if the OP, while s/he was perusing their thread and hour or so ago, answered some of the questions asked. Knowing what "rights" OP feels are being violated might help in advising him/her.

 

[quincy]

Perhaps NeedAdvice learned what he needed to learn and is rethinking any plans he might have had to record the closed-door meetings.

 

[Just Blue]

Perhaps NeedAdvice learned what he needed to learn and is rethinking any plans he might have had to record the closed-door meetings.

Could be. But if he stated what rights he feels are being violated, other options may have been given to "cure" the problem.

 

[Shadowbunny]

As much as I'd like to entrap them in violating my rights, then sue in same way, it would probably be most sensible to just go to the police and inform them that this is going on and have them visit the store and maybe talk to the HR people, and explain to them my rights. I don't want to be inflammatory towards management even though they seem to think they can do about anything within the confines of the store without regard to laws etc.

Do NOT call the police -- this is a civil matter, not criminal.

 

[NeedAdvice101A]

After posting my thoughts on the matter, I realized that it would be best to either consult a local lawyer or just email my union representative. But I will try to answer your questions. The law we're talking about is the Ohio "one-party consent" law (Ohio Rev Code 2933.52). It seems that everyone is in agreement that it's legal to record conversations when you are a party to them. My managers have stated that they don't want to be recorded. I don't know what the Code of Conduct or handbook has to say about this but I seriously doubt it says anything. I'm assuming that they are violating my rights, the one-party consent law, by refusing to allow me to record their conversations with them.

So we agree that It's legal for me to record, but then many of you state that I can't, if they say I can't. I'm not a lawyer. I don't get that part. I guess that's the heart of my problem. Are you saying that company policy can override state laws? What if theirs no policies that prevent me, just because they said so? I'm not understanding that part. Giving me a broader picture of how this happens or an example would help.

I will point out, as I did in the OP, that I'm part of a union. We have something called 'just cause' that prevents us from being terminated unfairly. If they tried to fire me, I could appeal this thru the union and there would be an arbitration, where we both present our case, so I would have my day in court so to speak. If they said we don't like him recording, I would say I have that right as an ohio law. When I got hired, I didn't think much about the union but it does protect us and I wouldn't fear retaliation or making my managers mad, I just want to do what I'm entitled to do.

Lastly, who would enforce this and who would make a ruling? Probably the union, so maybe it's best I just contact my union rep that handles our district and go from there. Probably my last word on this, but I appreciate your comments.

 

[quincy]

It would not be a crime in Ohio for you to record a conversation if you are a party to the conversation. You will not face criminal charges for recording your conversation.

HOWEVER, it COULD be against employer-policy (rules, regulations) to record a conversation, whether you are a party to the conversation or not. You COULD be fired for violating company policy.

Violating company policy COULD make your job termination a "termination with cause," making you ineligible for unemployment benefits.

Surreptitiously recording a workplace conversation where confidential information is discussed, especially when a nondisclosure or confidentiality agreement is in place, COULD result in both civil actions and criminal actions taken against you if confidentiality is breached.

If you are concerned that your employer is violating laws, speak to an attorney in your area.