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  1. #1

    Default Can You Record a Conversation After Telling Somebody You're Not Making a Recording

    My question involves labor and employment law for the state of: Wisconsin

    I understand that WI is a one-party consent state for recording.

    Here's the scenario:

    I left my current employment due to a better job opportunity outside the company. My former employer requires an exit interview to be done when you leave your job. At the beginning of the interview, I asked whether this interview was being recorded or videotaped. I was told no to both by the interviewer, but that she would be summarizing the interview in text for my personnel file, and I said that was fine. I gave some general observations about my department and some brief suggestions that I thought may have been beneficial, but conceded that the supervisors have access to much more data and so I had just done my part and assumed the most reasonable decisions were already being made. Nothing was inappropriate or complain-y; I answered her questions honestly and wanted to do more than just say: everything was perfect, I just got offered an opportunity that better fits my career goals.

    I'm friends outside of work with my former supervisor, who contacted me a week later and mentioned the exit interview. She said that I had a couple interesting thoughts and she wishes I would have been a bit more forthcoming with them. I asked for specifics and we had a good conversation, and I commented that the HR rep did an amazing job documenting the interview, as I didn't even see her taking notes and it lasted about 30 minutes. The former supervisor said "oh, I didn't read her comments I just listened to the recording." I asked if the part about me asking if it was being recorded was in there, and she said yes she noticed that, but they must know what they're doing.

    So, my question is can you still record a conversation of this nature after stating that you are not recording the conversation? I don't feel I suffered any damages, so am not looking to sue or anything, but I am interested to know if there are any kind of sanctions the former employer would get for that, assuming they are in the wrong about recording the interview.

    Thanks again!

  2. #2
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    Default Re: Can You Record a Conversation After Stating the Conversation Isn't Being Recorded

    Quote Quoting Aquarius9217
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    So, my question is can you still record a conversation of this nature after stating that you are not recording the conversation?
    Thanks again!
    No federal or Wisconsin state law prohibits recording in that circumstance.

  3. #3
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    Default Re: Can You Record a Conversation After Stating the Conversation Isn't Being Recorded

    Yes, they can record you.

    Better question; why do you care?

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    Default Re: Can You Record a Conversation After Stating the Conversation Isn't Being Recorded

    Quote Quoting Pringle
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    Yes, they can record you.

    Better question; why do you care?
    I think that I would have asked the question as well. It does seem quite odd to deny that you are recording an interview and then record it anyway.

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    Default Re: Can You Record a Conversation After Stating the Conversation Isn't Being Recorded

    Quote Quoting Pringle
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    Yes, they can record you.

    Better question; why do you care?
    I would want to know why they lied about recording me.

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    Default Re: Can You Record a Conversation After Stating the Conversation Isn't Being Recorded

    Quote Quoting qwaspolk69
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    I would want to know why they lied about recording me.
    I find it interesting that so often people jump to the conclusion that a person lied when that person gets something wrong. We don’t know the interviewer lied. The interviewer may not have known and may not have been the person recording it. All we really know is that the OP was recorded when he was told he wasn’t. Whether the interviewer lied or was simply mistaken is, so far, unknown.

  7. #7
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    Default Re: Can You Record a Conversation After Stating the Conversation Isn't Being Recorded

    If the interview occurs inside an office, and you are told that you are not being recorded, then don't you have an expectation of privacy?

  8. #8

    Default Re: Can You Record a Conversation After Stating the Conversation Isn't Being Recorded

    Quote Quoting Pringle
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    Better question; why do you care?
    The reason I care is primarily curiosity. I'm not worried in the least that the conversation was recorded. When I heard that it had been recorded, my response was more like it raised an eyebrow, not unlike when you hear about a strange medical condition or custom, and go ahead and read more about it. Since I couldn't find the answer on my own by using online sources, I decided to defer to those with more expertise in finding the relevant pieces of federal/state/local laws, or whom may know the answer off the top of their heads from their experiences. As I understand, no experts are obligated to answer any specific question, so any who question motives of the OP or the value of the information to the OP have the option of moving to the next discussion. That being said, I truly appreciate you contributing your time and expertise to this discussion, and welcome your follow-up question to further the conversation.

    As I mentioned in my original post, I don't feel I am in any way inconvenienced by this, and didn't intend to take action. Had the responses been that this was a serious legal or ethical violation and the company could get in big trouble, then perhaps I would have followed up with the intention of getting them to be more mindful of how they record things for their own benefit. But, it would seem, that the result is harmless and only raised an eyebrow or two. My comments were objective observations that are common subjects in department meetings, and my suggestions were very broad and not critical of current procedures. My former supervisor and the interviewer responded positively to my answers. Even though this recording was harmless, in the future perhaps I would encounter a similar situation with more on the line, and then knowing that I could be recorded despite any attempts to object or find out otherwise could prove useful.

    Perhaps you were asking why I cared the conversation was recorded enough that prior to the interview I inquired into it. This ties into what llworking and qwaspolk69 were thinking in wondering why a company would not be upfront about recordings. Had I known it was being recorded, I would have been more likely to just play it safe and offer little to no suggestions, instead insisting that everything was great and I recommend the company to anyone. The reason being that it would leave the door open to rehire, and not result in negative or cold references (even though businesses are very limited in their references these days, usually only confirming you worked there and when). If a person thinks they aren't being recorded they may be more likely to open up and share criticisms or suggestions. It did work on me. I would have to follow up with the company to question their reasoning further, and I would rather not do so since I put 9 years in at this company and left on great terms. I would gain information about their motives that didn't benefit me other than satisfaction, but would risk them misinterpreting my intentions by pursuing it and sullying my professional reputation at the organization. I doubt many former employees even ask so they probably don't need to respond to that question often, and if they are legally able to respond to that question the way they did then I suppose that's why. They get more useful exit interviews when people are at ease.

    Taxing Matters: Since I don't plan to follow up with the company, it will most likely remain unknown. But you're right, the interviewer may not have known. She was the only one present, and I'd personally be creeped out by conversations in my office being recorded by a third party without my knowledge, but the possibility exists. Perhaps HR Policy is "don't inform people they are being recorded" and thus when presented with my question, she decided saying NO rather than admit it was being recorded to be the best answer in compliance with policy.

    Thanks again.

  9. #9
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    Default Re: Can You Record a Conversation After Stating the Conversation Isn't Being Recorded

    Quote Quoting TechWorker
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    If the interview occurs inside an office, and you are told that you are not being recorded, then don't you have an expectation of privacy?
    No. No you do not.

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