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Pennsylvania law makes it unlawful to record a telephone conversation or oral, in person conversation in a private setting without the consent of each and every party to the conversation. See 18 Pa. Cons. Stat. § 5703.
However, if an oral, in-person conversation takes place in a public setting and there is no expectation of privacy, then the conversation can be recorded without consent from all parties. See 18 Pa. Cons. Stat. § 5702.
Thus, you would have to be able to show that the conversation was oral, in-person and in a public setting where there was no expectation of privacy in order to surreptitiously record the co-worker.
Please let me know, if you have follow-up questions.
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