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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19200
Experience:  Employment/Labor Law Litigation
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Is it legal to video a conversation (via smartphone) between

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Is it legal to video a conversation (via smartphone) between oneself and his employer without the employer’s knowledge on company property (in Texas).
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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.
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