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

[justalayman]

You aren’t understating the diffeence between something being legal and whether it is a right. Just because it’s legal doesn’t mean it is a right

 

[LdiJ]

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.

That is where you are confused. Just because its not illegal to tape a conversation as long as you are a party to it in Ohio, doesn't mean that you have a "right" to tape the conversation if someone else objects. You won't be arrested as a criminal for taping the conversation, but you could face civil penalties for doing so, like losing your job.

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.

In this instance it is not company policy overriding state law. The state law says that you cannot be charged as a criminal for taping someone without their consent as long as you are a party to the conversation. The company policy is not overriding that and causing you to be charged as a criminal, they would merely fire you for doing it over their objections.

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.

Again, you do not have the "right" under Ohio law. You just cannot be arrested for doing it.

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.

Again, you do not have that "right" under Ohio law.

 

[cbg]

Concur. Ohio does not grant you the right of making recordings. You're wrongly assuming that because you cannot be arrested for it, that means you cannot be prevented from doing it. That is WRONG.

Making a recording is not a crime in Ohio, but it is not a right either. Nothing in Ohio law says that you cannot be prevented from recording someone without their knowledge if you are a party to it; it just says that it isn't a crime to do so. It isn't a crime to leave work in the middle of your shift, either, but your employer can prohibit you from doing that. Same with the recording.

 

[justalayman]

Concur. Ohio does not grant you the right of making recordings. You're wrongly assuming that because you cannot be arrested for it, that means you cannot be prevented from doing it. That is WRONG.

Making a recording is not a crime in Ohio, but it is not a right either. Nothing in Ohio law says that you cannot be prevented from recording someone without their knowledge if you are a party to it; it just says that it isn't a crime to do so. It isn't a crime to leave work in the middle of your shift, either, but your employer can prohibit you from doing that. Same with the recording.

Very good analogy. It makes the point much clearer hewh

 

[quincy]

I don't know how many other ways it can be said. Sure seems clear to me.