Can Employers Prohibit Secret Workplace Recordings?
Atlanta associate James McCabe’s article – “ Can Employers Prohibit Secret Workplace Recordings?” – was published March 6 in Law360.
As indicated by the title, James’ article examines the issue of whether or not employers are allowed to prevent employees from recording conversation in the workplace, as well as if those employees can be terminated if they violate such a policy.
“Legal challenges to such policies and practices have been made under federal whistleblower statutes, federal nondiscrimination laws, and most recently, the National Labor Relations Act,” James’ writes. “In light of these legal challenges, employers would be well advised to carefully consider whether termination of an employee for secretly recording conversations may be an unlawful termination.” In many states, it is.