Legal Question in Employment Law in Pennsylvania

Recording Disciplinary Meetings

I am an employee at-will at the agency I have worked at for 2 1/2 years. I have been called into unannounced meetings to receive disciplinary actions which have been unmerited and untrue. I have asked the employer on several occassions to allow me to bring a witness which they have denied by simply stating, 'we will not allow you to do that' and no further explanation. I was recently suspended for refusing to sign a falsified document. In PA, is it illegal to record meetings if no personal representation is allowed by the agency? Since I am not a union member, what are my options for my own protection and possible manipulation of the situation by the employer?


Asked on 1/14/06, 5:18 pm

1 Answer from Attorneys
Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Recording Disciplinary Meetings

You raise two issues.

First, in PA you can not record a conversation without the consent of all the parties involved. The PA rule differs from the Federal one party consent rule.

With regards to having a witness / representation at a disciplinary meeting or a meeting likely to lead to disciplinary action, since you are non-union you are not entitled to have a witness / representation present at such a meeting. Commonly referred to as Weingarten rights, such rights are reserved for members of unions. At one time, non-union employees had Weingarten rights just like union employees; however, a 2004 NLRB ruling changed that practice.

My answer is based upon the limited information that you have provided. Thus, additional facts and/or details may change my opinion.

If you would like to discuss this matter further please feel free to contact me. I can be reached via email, [email protected] or by clicking on my �Attorney Profile Page� for my phone number.

Regards.

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Answered on 1/14/06, 7:16 pm


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