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 kattorney Your Own Question
kattorney
kattorney, Attorney
Category: Business Law
Satisfied Customers: 1169
Experience:  16 years experience with a concentration in business, corporate and contracts law
50298765
Type Your Business Law Question Here...
kattorney is online now
A new question is answered every 9 seconds

can an employee record a conversation without consent of employer?

Customer Question

can an employee record a conversation without consent of employer?
Submitted: 5 years ago.
Category: Business Law
Expert:  kattorney replied 5 years ago.

Kathie Russell :

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.

Kathie Russell :

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.

JACUSTOMER-65mpn13r- :

if the employee did not tell the employer that the conversation is recorded

JACUSTOMER-65mpn13r- :

what action is possible?

Kathie Russell :

No action is possible. It is legal.

Kathie Russell :

(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.

Kathie Russell :

(or have the consent of someone who is part of the conversation)

JACUSTOMER-65mpn13r- :

so if the intent if the recording is to cause drama among other employees?

Kathie Russell :

as long as that is not a crime, you should be fine.

Kathie Russell :

Of course, remember that the employee can always be fired if the employer does not like something he or she did.

Kathie Russell :

Hello, I hope my answer to your question was helpful. I just noticed that you haven't accepted my answer yet. You've already paid a deposit. However, I'm not paid until you "Accept" my answer. If my response wasn't what you needed, please review my answer and tell me why by clicking the "Reply to Expert" button. That way I can help you better, or find another Expert who can. To accept my answer, please go to the question page and click the "Accept Answer" button. Thank you for using JustAnswer.