Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can i record a mediation without telling anyone? Recording?

Customer Question
Can i record a...

Can i record a mediation without telling anyone?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Recording?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I work for UMKC, I believe it's employ at will...full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am being discriminated against for aski g for ADA accommodations. The facilitator for today's mediation is an attorney. I want to make sure it is legal to record the meeting without telling any of the parties

Submitted: 11 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
9/15/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Missouri is a "one party consent" recording state, meaning that at least one party to the conversation has to agree to the recording. If you are a party to the conversation, then you can agree to record it and you don't have to ask others if they are going to allow it.

Now, if you are asked if you are recording, you can't misrepresent that fact. I often ask if people are recording before starting a mediation, because the idea is that a mediation is supposed to be an opportunity for people to speak and try to reach an agreement without the threat of creating evidence against themselves. By recording it, you'd be going against that entire idea.

Their statements today wouldn't be evidence anyway. It will be statements about what they think, what they want and what they believe about your statements, but it is not intended to be evidence. Though legal to record, it is unlikely that you'd be able to use it for anything other than your own record.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Customer reply replied 11 months ago
The reason I want to record it is if I need to file a lawsuit I will have that recording to give to my attorney so he/she can understand how they are handling it. So if they ask of I'm recording I have to answer?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago

You can't lie about recording, no. That would be misrepresentation, which you can't do.

You don't have to tell anyone that you are recording, but you can't misrepresent when specifically asked.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago

I certainly understand your desire here and it is valid. That being said, as an attorney that sues employers, I have never had a recording of a mediation. Not one single time in my entire career.

I ask the client what was discussed because I like to know where the employer seemed to be headed with their thinking, but a recording wouldn't have been useful to me because it wouldn't be admissible.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
20,633 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,633 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have been out of work due a traumatic brain injury, my
I have been out of work due a traumatic brain injury, my employer called and told me that I have been out of work too long and need to decide if I would like to resign my position or be terminated. I … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,261 satisfied customers
I have been diagnosed with psoriatic arthritis in the past
I have been diagnosed with psoriatic arthritis in the past and most recently in the past month with diabetes, high blood pressure and high cholesterol. Today I explained my medical conditions with my … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I injured myself at work 6/20/16. (L&I) claim in WA State. I
I injured myself at work 6/20/16. (L&I) claim in WA State. I had surgery finally on 1/24/17 and now am being notified that my case is being closed through the private insurance (my manager would not a… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,633 satisfied customers
I currently have 2 ADA discrimination charges and a
I currently have 2 ADA discrimination charges and a retaliation charge agains my work. I have decided that after 1 year of them NOT accommodating me under ADA, I must resign. … read more
Bill Attorney
Bill Attorney
law
2,816 satisfied customers
I am a nurses aide employed at the same place years. 18
i am a nurses aide employed at the same place for 26 years. 18 months ago my increasing age and the type of work i do made me physically unable to work for more than 10 hours a day. my doctor wrote a … read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I suffer from depression, I have been on intermittent fml,
I suffer from depression, I have been on intermittent fml, but did not qualify as of yet this year for I worked 1248 hours and did not meet the 1250 requirement. I had a pretty bad episode of depressi… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,633 satisfied customers
I have spoken to several Attorneys or their associates and
I have spoken to several Attorneys or their associates and they seem to turn away and say I have no case when I tell them I do not have an official diagnosis. but you say, "An official "diagnosis" isn… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I was hired as a director of electrical engineering in Nov
I was hired as a director of electrical engineering in Nov 2012 by a medical device start up company in the Clear Lake area of Houston TX and my job was terminated in Jan 2013, without fair cause. I m… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,633 satisfied customers
UPS fired me after 26 yrs of service due to 2 wrecks I had
UPS fired me after 26 yrs of service due to 2 wrecks I had within a 9 month period. I just learned I have a medical condition of severe sleep apnea. UPS still fired me even though I have a Doctor's le… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,633 satisfied customers
I live and work in the state of Illinois and recently I was
I live and work in the state of Illinois and recently I was assigned to a supervisor in Human Resources and given HR responsibilities that I did not pursue. My main responsiblities are accounting and … read more
melissamesq
melissamesq
Attorney
Doctoral Degree
150 satisfied customers
My husband was wrongfully terminated because the company wouldnt
My husband was wrongfully terminated because the company wouldn't accommodate his disability (MS), violating ADA. He is in the greivence, which cannont address the ADA issue, process right now. The un… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I have a question about the ADA. I am a law professor myself,
I have a question about the ADA. I am a law professor myself, very high functioning and creative. I suffer from a very severe case of cycling bipolar disorder. It does not affect my work much, except … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
i have recently gotten sick in january 2011 my doctor is doing
i have recently gotten sick in january 2011: my doctor is doing a work up for autoimmune disease : i had worked previously for this company for a 1 year 1/2 then recently went back to work in august 2… read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
I believe I will be offered a new position (within the same
I believe I will be offered a new position (within the same national company but out of my current facility). I have been through the interview process and am meeting with the manager Monday morning. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,633 satisfied customers
Son worked for healthcare company. Had surgery and chemo for
Son worked for healthcare company. Had surgery and chemo for colon cancer. Continued to work to the best of his ability. Of course, productivity down, but still producing. Was told during chemo job ok… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,633 satisfied customers
My imployer is changing my working conditions which will increase
I am in outside sales. My employer is changing my working conditions (changing my physical territory and bringing on new products to sell)which will increase my workload dramatically. My employer know… read more
Employment Lawyer
Employment Lawyer
Attorney
Doctoral Degree
311 satisfied customers
On March 26, 2010 I was informed by my supervisor and the business
On March 26, 2010 I was informed by my supervisor and the business office manager that I was being discharged from my position due to lack of work for me to do and that I would not be able to learn a … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,633 satisfied customers
I have allergies to Fragrances (Perfume, after shave, etc)I
I have allergies to Fragrances (Perfume, after shave, etc)I have a Drs. note stating this.… read more
Experienced Attorney
Experienced Attorney
JD
268 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x