Legal Question in Employment Law in California

request to tape a meeting?

May I request to tape a meeting that I have been required to attend by My Area Manager and the HR Manager? I filed a letter of harassment to my HR Manager against my Area Manager. The response I received was from HR Mgr was verbal and she said that she beleived harassment was founded that It was a personality issue it was my word against his and I needed to work it out myself. My manager has continued harassment and as a result I now have the meeting with he and HR but do not feel HR is taking an impartial stand. I therefore want to record the meeting. If the say no. What recorse do I have?


Asked on 5/01/03, 2:48 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: request to tape a meeting?

It is unlear whether you have a legal right to tape record a disciplinary meeting with your employer. You would have more solid footing if you requested a representative to be present with you, as a witness to the meeting. If the employer refuses to allow you to tape the meeting, ask for a witness of your choice to be present. Be professional in how you conduct yourself because how you handle this may determine the outcome.

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Answered on 5/05/03, 11:41 am
Frederick Choi Law Offices of Frederick H. Choi

Re: request to tape a meeting?

If you are unable to tape the meeting, you should take very detailed notes and perhaps request that a third party, maybe a higher positioned executive also attend. If you are treated unfairly after this meeting as well, you may need an attorney to intervene. The HR has a duty to reasonably inspect all claims of harassment and take appropriate steps to correct them. If you are left in a position where you have to leave work due to the "hostile environment" you could have a potential claim

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Answered on 5/05/03, 1:04 pm
Craig Silman The Law Office of Craig M. Silman, Jr.

Re: request to tape a meeting?

Under the penal Code you cannot record conversations without the other party's permission. However you should be able to have a third party there as a witness.

Harassment is a broad term and many types of harassment is not legally actionable. So you should consult with an attorney to make sure to have an actionable claim before making an issue of this that could jeopardize your job.

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Answered on 5/05/03, 11:02 pm


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