As we have written in an earlier article, a relatively common question employment lawyers receive (from both employees and employers) is whether it is lawful to secretly record conversations at work. Individuals may be motivated to take this step for a number of reasons, such as trying to capture evidence of misconduct, or to safeguard against allegations arising from a contentious meeting.

In a previous blog entry, we wrote about the laws surrounding secret recordings in the workplace. As we cautioned: “[b]efore creating such recordings, be sure to think carefully about the necessity of the action and check whether any workplace policies may be engaged.”