Audiotaping in Arizona

[JoJerome]

What is the name of your state?In the state of Arizona...

Is it legal for me to tape meetings and/or phone conversations made to my private phone? Must all parties be aware (which kind of defeats the purpose)?

I know it's probably not admissible in any official capacity like a lawsuit, but this would just be a last resort so I can say to the big boss (who - brace yourselves - actually supports me) "Here's how the conversation with the little boss really went." I just want to make sure, like in the NH thread, they can't turn around and sue me for it.

I'm aware they can still fire me for that or drinking coke instead of pepsi, or anything else they want to fire me for outside of race, religion, etc.

I'm aware that if job harassment has gotten bad enough to have to record conversations, I should be looking for another job. Already set that ball in motion.

Thanks in advance! What ever did we do before forums like this?

 

[JoJerome]

I hope the lack of response is because this isn't a silly question that can be immediately waved off?

Or because all the Arizona experts have floated away in our recent flooding?

This is by no means a push or complaint - I just wanted to not get lost in the fray. I thoroughly appreciate a free forum like this where I can ask a quick (and hopefully easy) question and not get charged $25 for it.

Thanks again!

 

[cbg]

Sorry, JoJerome, somehow I missed your question the first time through. Thank you for bringing it back to our attention.

According to my source material, the state of Arizona does permit taping as long as one party to the conversation is aware of it and gives their consent. However, as you yourself point out, just because it's legal under state law doesn't mean they can't fire you for it if they take offense at your doing so.

 

[Beth3]

Ariz. Rev. Stat. Ann. § 13-3005: Interception of a wire or electronic communication by an individual who is not a party, without the consent of someone who is a party to the communication, is a felony. The electronic communications referred to in the statute include wireless and cellular calls. The overhearing of a conversation by an individual who is not present, without the consent of a party to that conversation, is also a felony. Both violations are classified as "class 5" felonies, which are the second least serious felonies in Arizona.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Ariz. Rev. Stat. Ann. § 13-3001.

A state appellate court has held that a criminal defendant's contention that police officers violated this law by recording their interviews with him without his consent was meritless because the defendant had no reasonable expectation of privacy in a police interview room. Arizona v. Hauss, 688 P.2d 1051 (Ariz. Ct. App. 1984).

In addition, a state appellate court has held that a mother who had a good-faith belief that it was necessary and in the best interests of her child may consent to taping the child's conversation with an alleged child molester. State v. Morrison, 56 P.3d 63 (App. Div. 1 2002).

It is unlawful for a person to photograph or film a person without consent while the person is in a restroom, locker room, bathroom or bedroom or is undressed or involved in sexual activity. Ariz. Rev. Stat. Ann. § 13-3019.

 

[JoJerome]

Thanks so much cbg and Beth3. I just want to clarify:

When we speank of one party's consent, that one party can be me? E.g.; I can't tape a conversation between Bob and Charlie, but I can tape one between me, Bob, and Charlie. Am I getting that right?

If so, the next question would be one of "reasonable expectation of privacy." Specifically, I'm wanting to tape meetings with management, especially one-on-one meetings and phone calls made to my private phone. Is the law different for inbound calls versus outbound calls?

Am I getting detailed enough that I should be blowing that $25 on a local attorney?

 

[cbg]

I'm prepared to agree that you can tape a conversation as long as you are a party to it. But precisely what in your situation consitutes reasonable expectation of privacy is a little too situation specific for me to be comfortable advising you on that.

 

[Beth3]

When we speank of one party's consent, that one party can be me? E.g.; I can't tape a conversation between Bob and Charlie, but I can tape one between me, Bob, and Charlie. Am I getting that right? Yes, you're getting that right. Yep, you need to talk to an AZ attorney. The issues is what constitutes a "reasonable expectation of privacy" and that will be determined by precedents set in your State's case law.

What you also need to consider is if you do tape and present the conversations to the big boss to prove your point about the little boss, whether you'll be shown the door on the spot. Even if you are in the right about whatever the issues are with the little boss, I can think of any number of reasons why senior management would be legitimately outraged that work conversations were being recorded without their knowledge or consent. You're on much safer grounds if you ask the big boss what he thinks about your doing this before you proceed, even if recording is legal in your State.

 

[JoJerome]

Thanks again. Good advice all around.

And I'm well aware that taping conversations with only my knowledge makes me less than popular with all involved. Once upon a time I had a situation where a little boss called me at home and vowed to kick me out of the department for letting it leak that he was asking me to blow off work and look at porn with him instead. He made good on his promise and in the ensuing political atmosphere I left the company altogether; my word against his and the supervisor's word almost always wins. If I'd taped that phone conversation, I might still be out the door, but I'm certian he would have joined me and the next female employee wouldn't be putting up with his crap right now.

While my current situation isn't so shocking as sexual harassment, I'd still like to have that internal evidence on tape to hand in with my key next time and let the big boss do with it what he will.

Thanks again!

 

[Beth3]

You need to proceed as you feel best but just keep in mind that if you present the big boss with a tape of conversations with the little boss, the big boss will wonder who and what else you've been taping and whether he should ever feel comfortable having a work discussion with you again.

 

[JoJerome]

Again, sound advice Beth3.

I've been considering (and much harder now based on your advice - thanks) that a second-to-last resort should be to come right out to the big boss and share my concern that the little boss is intentionally feeding me misinformation looking to trip me up. The obvious risk is that no manager wants to believe that supervisors under him are capable of that kind of cattiness. If he believed that, the little boss wouldn't be a boss at all. Either he doesn't believe me and fires me for making such an accusation or he decides it's easier to get rid of the target than the archer.

Or, lightning could strike twice and he might believe me and investigate/rectify the situation. In which case, I'll by *lots* of lottery tickets. LOTS.

 

[Beth3]

Another alternative is to take on-going notes on what the little boss tells you: when, what, etc. and when you feel you have sufficient evidence that you're being purposefully mislead, take that to the big boss, do so. Writting down what he tells you is a whole lot safer than taping conversations.

 

[JoJerome]

Another alternative is to take on-going notes on what the little boss tells you: ... Writting down what he tells you is a whole lot safer than taping conversations.

Quite true. I'm already the written documentation queen. That appears to be most of why the big boss supported me on the first round. Little boss fired me on a baseless charge. I went to the big boss (calmly, rationally, grown-up in the face of un-grownup charges) with my well-documented side of things in one hand and the employee handbook in the other. He agreed it was a personality clash gone bad and un-fired me. So all my fellow Dilberts on this forum, take heart! Sometimes honor and civility actually win the day!

On the downside, I'd be floored if the little boss doesn't hate me more than ever now and goes to greater lengths to frame me. And I'm in a job where it's not hard to frame people.

I document, I stay out of the little boss' way as much as I can and I try never, ever to be alone with him. And just in case it ever comes to it, I have a tape recorder as a last resort. Very, very last resort.