How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

Is it legal to video a conversation (via smartphone) between

This answer was rated:

Is it legal to video a conversation (via smartphone) between oneself and his employer without the employer’s knowledge on company property (in Texas).
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Texas is a "one party" consent state. What that means is that at least one party to a conversation has to be aware that the conversation is being recorded for it to be legal.

If the employee is aware that they are recording themselves in a conversation, that meets the "one party" rule, even if the employer is unaware.

On the issue of video-taping, it doesn't really change the rule. The issue of video taping comes into play when a person has a expectation of privacy. When an employer is having a conversation with an employee, that comes with no reasonable expectation of privacy like that same employer's behavior in the bathroom, a locker room or their office by themselves.
Customer: replied 3 years ago.


The video-taping was done in the employer's (Wal-Mart) office during a resignation (turned termination) in which he called me in (and I did the videoing). So the way it sounds is that since there would be no reasonable expectation of privacy and that I gave consent for my own conversation to be video-taped, this recording should be okay under the "one-party" rule.

Yes, that is correct.
Allen M., Esq. and 8 other Employment Law Specialists are ready to help you

Related Employment Law Questions