Ricky Recorder

Dear Marsha,

Alright I have just found out that something I have done at work is illegal. I was in a disciplinary with my boss and I recorded the conversation on my phone without letting him know I was. My boss has since found this out and has suspended me and has also reduced my paycheck by 4k a year. He has said that he is not going to involve the police in the matter but he is a petty person and may try and sack me. Also I have found that it isn’t illegal that I recorded him, it is just illegal to use it as evidence.

Could you help what should I do?

Many Thanks,

Ricky Recorder

Dear Ricky Recorder,

I am usually opposed to writing about issues regarding legal advice, but you did not specify in what you wanted help with.  In that case, I will give you my take on this situation.

I think you are saying that you were in trouble at work, and your boss called you to discuss your disciplinary actions to be taken. During this conversation, you decided to record him.  Is this correct?

By your letter, you did not state where you were from.  It is really hard to say what your laws are there, but I know that in some areas here, you are legally able to record a conversation if at least one parties to that conversation were aware of the recording.  In your case, you would be the party aware of the recording, thus it would be legal.  It becomes illegal when a third party records a conversation between 2 people and neither of them are/were aware of it.

Also, where I am from, this recording done by one of the two people in the conversation can be admissible in courts as well.  Every court and every judge is different, and each judge gets to choose what he will deem admissible as evidence even if it is legal.

With that being said, I would encourage you to checkwith your local laws and find out the details for what is legal or not.  Laws will always vary from country to country and state to state.

It is possible that you are in the right to have recorded your conversation, and this poses as a threat to your boss.  This may be the reason he chose to suspend you and give you the pay cut.

At this time, you are going to have to step back and examine the situation.  If you were to lose your job over this, would you be okay with that?  Can you live with the pay cut versus no job at all? Are there other available jobs in your area that are hiring? Which route would be better for you and your financial status?

If you wish to keep your job, then sometimes a simple explanation and an apology can work wonders at getting your point across to others.

If you feel strongly about your actions, then don’t hesitate to contact an attorney at this point to discuss it further with them.

Always,

Marsha

Tags: admissable, boss, Conversation, court, disciplinary, illegal, Job, judge, Legal, Pay cut, Phone, Recording, suspended, suspension, Work