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Yes, in Texas it is legal to record a conversation as long as one person knows it is being recorded. However, an employer could make it against company policy, in which case you could not do it.
So long as a wire, oral, or electronic communication—including the radio portion of any cordless telephone call—is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02.
if the employee did not tell the employer that the conversation is recorded
what action is possible?
No action is possible. It is legal.
(Of course, be aware that employers can fire you for any reason). But there is no legal action. As long as you are part of the conversation.
(or have the consent of someone who is part of the conversation)
so if the intent if the recording is to cause drama among other employees?
as long as that is not a crime, you should be fine.
Of course, remember that the employee can always be fired if the employer does not like something he or she did.
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