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Is It Legal to Record Audio Conversations if I Am Involved in the Conversation

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  • 02-14-2014, 08:07 AM
    12345678901
    Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    My question involves civil rights in the State of: Arkansas

    If I remember correctly (from years ago), I was under the impression that it is legal to record audio conversations ONLY if "atleast one person in the conversation knows that it is being recorded." For example, it would NOT be legal to plant a listening device in order to hear a conversation that I am not invited to. Another example: It would be legal for me to use a Digital Audio Recorder and record conversations that other people have directly with me.

    I am asking because I need to record the comments that will clear my name but I suspect that no one will go "on record" to tell the truth. Or they may be completely "2-faced" and be lying to superiors. Also, it would be tremedously helpful if I can get audio-statements recorded of atleast one of my supervisors admitting to what is being "investigated".
  • 02-14-2014, 08:36 AM
    cbg
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    What is legal, and what your employer is required to allow, are not the same.

    You are correct that it is legal, in the sense that you will not be fined or sent to jail by the state, to record an audio conversation as long as you are a participant. (Note to other readers; this is state specific and is not necessarily true in your state. Do not try this at home without checking your state laws.) However, that doesn't mean that your employer is required to allow it or that you cannot be fired for recording your supervisors without permission. They need not and you can be.
  • 02-14-2014, 08:54 AM
    Dogmatique
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    Out of sheer curiosity OP, how will you answer if your supervisor/whoever it is asks you if you're recording?
  • 02-14-2014, 09:18 AM
    adjusterjack
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    Yes, it's legal in Arkansas.

    http://www.rcfp.org/reporters-record...guide/arkansas

    However, it's also legal for your boss to fire you as soon as he finds out you secretly taped the conversation.

    Frankly, if you've gotten to the point where you have to record what the boss is telling you, you might as well seek employment elsewhere because your days there are probably numbered anyway.
  • 02-14-2014, 09:44 AM
    12345678901
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    Quote:

    Quoting adjusterjack
    View Post
    Yes, it's legal in Arkansas.

    Frankly, if you've gotten to the point where you have to record what the boss is telling you, you might as well seek employment elsewhere because your days there are probably numbered anyway.

    I agree, but legal recordings will help if my employer tries some shenanigan and claims that I "did something without approval."
  • 02-14-2014, 09:49 AM
    Samuel T Cogley
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    Quote:

    Quoting 12345678901
    View Post
    I agree, but legal recordings will help if my employer tries some shenanigan and claims that I "did something without approval."

    It probably won't help much.

    If your employer disciplines you for doing something without approval and you pipe up with "But I secretly recorded you giving me approval to do that", your employer will simply discipline you for the secret recording.
  • 02-14-2014, 09:59 AM
    Dogmatique
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    Quote:

    Quoting Samuel T Cogley
    View Post
    It probably won't help much.

    If your employer disciplines you for doing something without approval and you pipe up with "But I secretly recorded you giving me approval to do that", your employer will simply discipline you for the secret recording.


    Yeap. And that's if it even goes that far. If the employer is already less-than-impressed with the OP, he's going bye-bye soon anyway.

    Why adopt more stress?
  • 02-14-2014, 09:59 AM
    cbg
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    Help with what? It won't help you if you get fired.
  • 02-14-2014, 11:32 AM
    adjusterjack
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    Quote:

    Quoting 12345678901
    View Post
    I agree, but legal recordings will help if my employer tries some shenanigan and claims that I "did something without approval."

    You have a rather naïve idea about the employer/employer relationship.
  • 02-14-2014, 12:09 PM
    12345678901
    Re: Is It Legal to Record Audio Conversations if I Am Involved in the Conversation
    I apologize for not being more clear. By "shenanigan", I mean that if they press criminal charges for theft. By theft, mean that they are "investigating lost profits" because after almost three years of my bosses telling us to "clearance" old merchandise, I bought some of the clearance that equal-level supervisor set pricing for. Now they are "investigating lost profits" with an attitude that the price was set for my purchase.

    I dont care if i get fired for recording audio secretly. It's not to protect my job. It's to protect my innocence because our bosses have always told us to set that clearance pricing and now their bosses are saying that my level supervisors did not have authority. I am looking for a new job already. I just want to be prepared to fight bogus criminal charges.
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