Legal Question in Employment Law in Washington
Recording of Employer Investigative Interviews
Postal employee was being interviewed by postal managers after sustaining an on the job injuryand informed that the results of the interview could lead to disciplinary action. The interview last for more than 7 hours and was suspended until the next business day. At the start of the next business day the employee used a hidden tape recorder to record the investigative interview. Question: Is this leagal? Can an employee secretly record the interview for his own private notes?
1 Answer from Attorneys
Re: Recording in Post Office
See http://www.rcfp.org/taping/ for a thorough explanation.
1. Is P.O. property subject to state or federal law? If federal, one-party (that is, you) consent is sufficient. In WA, consent of all parties is necessary. If both, federal would control. The answer would take some research.
2. WA statute is Chapter 9.73 RCW http://search.leg.wa.gov/wslrcw/RCW%20%20%209%20%20TITLE/RCW%20%20%209%20.%2073%20%20CHAPTER/RCW%20%20%209%20.%2073%20%20chapter.htm. See in particular RCW 9.73.030 at http://search.leg.wa.gov/wslrcw/RCW%20%20%209%20%20TITLE/RCW%20%20%209%20.%2073%20%20CHAPTER/RCW%20%20%209%20.%2073%20.030.htm. The question then becomes, what is "private"? Taping two police officers at you car on the sidewalk is not because passersby render the conversation not private. Same for taping an investment club meeting; it's not private.
3. As a practical matter, if no one knows, and you don't try to use it in court, nobody can do anything to you.
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