Can You Secretly Record People at Work? Unpacking the Laws

🔎Recording confidential communications at work is generally against the law.

🔒Confidential communication refers to conversations intended to remain private and not easily overheard.

⚖️California Penal Code Section 632 prohibits the intentional recording of confidential communication without consent.

🤔Determining what constitutes a confidential communication depends on the reasonable expectations of privacy.

⏱️If you have recorded someone in violation of the law, consult with a lawyer and carefully consider next steps.

Is it legal to secretly record my coworker or boss at work?

—No, it is generally against the law to record confidential communications at work without consent.

What is considered a confidential communication?

—Confidential communication refers to conversations intended to remain private and not easily overheard or recorded.

What are the consequences of secretly recording someone at work?

—Recording someone in violation of the law could result in fines or a short jail sentence, and the recorded evidence may not be admissible in court.

Can I use a recording of my boss's harassment as evidence?

—Recording your boss without their consent may not be admissible in court, and it could potentially harm your case.

What should I do if I've already recorded someone at work?

—If you have recorded someone in violation of the law, consult with a lawyer and follow their guidance on handling the situation.

00:00Introduction and overview of the video content.

00:07Overview of the basic laws regarding recording confidential communications in the workplace.

01:00Explanation of California Penal Code Section 632 and its implications for recording confidential communication.

04:29Defining what is considered a confidential communication and the factors that determine it.

05:32Guidance on what to do if you have already recorded someone in violation of the law.