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  1. #1
    Join Date
    Aug 2019
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    Minnesota
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    Default Recording a Conversation with Management

    My question involves labor and employment law for the state of: Minnesota
    I am an hourly retailer worker. Won’t name the company, but it is a humongous corporation, if you get my drift, and has destroyed competitive retail in this country.
    Hypothetically, if I get called into the “office” by management to discuss an incident or situation that occurred on my watch, and that I might have direct insight to, or perhaps was involved in as an innocent bystander - can they stop me or tell me I can’t record the conversation with them? In essence, do I have the legal right to record such a conversation with or without their consent? They "always" have a witness along side of them for these meetings to back them up. My only witness is to record the conversation.



    Thanks for all serious responses.

  2. #2
    Join Date
    Mar 2013
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    18,155

    Default Re: Recording a Conversation with Management

    Let's start with the law.

    Minnesota statute 626A.02 makes it legal to secretly record a conversation to which you are a party as long as there is no criminal or tortious intent. You do not need the consent of the other parties to the conversation.

    As for an employment setting, I suggest you do it secretly and never let the recording see the light of day unless you need it as evidence at some point after your termination of employment.

    Your boss is not likely to allow the recording and could conceivably fire you for doing it, or even asking to do it. Piss him off sufficiently and he could report the cause of your termination as misconduct and make you ineligible for unemployment compensation.

  3. #3
    Join Date
    Oct 2016
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    4,216

    Default Re: Recording a Conversation with Management

    There is no law, state or federal, that requires your employer to allow you to record meetings. While it is not a crime in Minnesota for you to record a conversation you are a part of without the other party knowing about it there is also no law that would stop your employer from terminating you if they found out you did.

  4. #4
    Join Date
    Jul 2018
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    2,586

    Default Re: Recording a Conversation with Management

    Quote Quoting mrtenebrae
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    Hypothetically, if I get called into the “office” by management to discuss an incident or situation. . . .
    Why do you have the word "office" in quotation marks?


    Quote Quoting mrtenebrae
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    can they stop me or tell me I can’t record the conversation with them?
    Well...there are two possible scenarios here: you make it known that you are going to record the conversation or you make the recording without letting the other party(ies) know you are doing so.

    In the former instance, I would hope it patently obvious that anyone can refuse to have a conversation with you if you seek to record the conversation. In the case of your employer, you could legally be fired if you refuse to proceed with a conversation without recording it.

    On the other hand, if you don't inform the other party(ies) that you are making the recording, then it should be equally as obvious that those other party(ies) have no ability to take action based on knowledge they don't have.


    Quote Quoting mrtenebrae
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    In essence, do I have the legal right to record such a conversation with or without their consent?
    I would not call it a legal right, but Minnesota is a so-called one-party consent state, so it would not be illegal for you to do so.


    Quote Quoting mrtenebrae
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    They "always" have a witness along side of them for these meetings to back them up. My only witness is to record the conversation.
    Why do you have the word "always" in quotation marks? Regardless, there are numerous reasons why a supervisor might need or want another person present when speaking with a subordinate about certain matters, and none of those reasons are applicable to the subordinate. Why would you think you need a witness or recording?

  5. #5
    Join Date
    Aug 2019
    Location
    Minnesota
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    32

    Default Re: Recording a Conversation with Management

    Why would you think you need a witness or recording?

    Because I do not trust the management. They have created situations with other employees in the past where they were fired unjustly. The employee had no support or backup to refute their claims because management lies and covers up each other's lies and misconduct. If an employee was to have a fellow employee of his choice alongside of him when being talked to in the office, at least there would be a non management witness to challenge their lies.

  6. #6
    Join Date
    Oct 2016
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    4,216

    Default Re: Recording a Conversation with Management

    Quote Quoting mrtenebrae
    View Post
    Why would you think you need a witness or recording?

    Because I do not trust the management. They have created situations with other employees in the past where they were fired unjustly. The employee had no support or backup to refute their claims because management lies and covers up each other's lies and misconduct. If an employee was to have a fellow employee of his choice alongside of him when being talked to in the office, at least there would be a non management witness to challenge their lies.
    It would still be your word against theirs. Maybe you should look for an employer you trust.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,488

    Default Re: Recording a Conversation with Management

    Also, unjustly and illegally are not the same thing. It can be horrendously unfair or unjust and still be completely legal. All the recordings in the world aren't going to guarantee you a favorable result in that case.

  8. #8
    Join Date
    Aug 2019
    Location
    Minnesota
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    Default Re: Recording a Conversation with Management

    Maybe you should look for an employer you trust.

    Any suggestion?

  9. #9
    Join Date
    Jul 2018
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    2,586

    Default Re: Recording a Conversation with Management

    Quote Quoting mrtenebrae
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    Why would you think you need a witness or recording?
    Answering a question by asking why the questioner has asked the question is obnoxious.


    Quote Quoting mrtenebrae
    View Post
    I do not trust the management. They have created situations with other employees in the past where they were fired unjustly. The employee had no support or backup to refute their claims because management lies and covers up each other's lies and misconduct. If an employee was to have a fellow employee of his choice alongside of him when being talked to in the office, at least there would be a non management witness to challenge their lies.
    If something illegal happened, then it would be great to have someone else there. However, if the termination is only subjectively "unjust," then having a witness isn't going to help at all.

  10. #10
    Join Date
    Oct 2016
    Posts
    4,216

    Default Re: Recording a Conversation with Management

    Quote Quoting mrtenebrae
    View Post
    Maybe you should look for an employer you trust.

    Any suggestion?
    While not as many as there were before the end of the world started in March there are jobs out there.

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