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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am a checker supermarket The Store Mgr called me upstairs to reprimand me. She was ho

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I am a checker supermarket The Store Mgr called me upstairs to reprimand me. She was hostile and was trying to bully me. . There were also certain fabrications. I have heard that I have a right to record these reprimands on my phone as long as I state "I am recording this". Do I have that right? If I could.then they wouldn't be able to abuse their power. But if they say"turn if off or you're fired", then what? I am a member of a union but the rep is overworked and really doesn't want to get involved unless he has to. He doesn't want extra work.What are my legal rights so I don't get victimized by these bullies?

jkiani22 :

Thank you for your question.

jkiani22 :

I will do my best to answer it fully but can you please clarify the question? Is your question whether you have a cognizable legal claim that you can bring in a court of law?


Thank you for getting back to me. No, I only want to know if I can record any meetings where they are reprimanding or disciplining me. I have a iphone with a voice memo. I have heard I can say"this is being recorded" and then I can record the conversation. Is this true? I think this would keep them accountable for their side of the communication. But if they say, "turn it off or you're fired, or you don't have my permission" then what can I say? In other words, do I have the right to record? Thank you , Conrad

jkiani22, Attorney
Satisfied Customers: 60
Experience: Attorney
jkiani22 and other California Employment Law Specialists are ready to help you
It looks like the previous professional who answered your question is no longer online, please permit me to assist.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Unfortunately, California is a two-party consent law, so in addition to stating that you are recording a conversation, you must also obtain your employer's consent before continuing to record the conversation.

If your manager does not consent to you recording the conversation, stating something along the lines of 'turn it off or you're fired' and you continue to record them without their consent that is illegal, and could have negative consequences on your employment.

In fact, in California it technically constitutes a misdemeanor, which you can read about here:

I hope the above information is helpful.

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Joseph, Lawyer
Satisfied Customers: 5299
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you