Legal to record someone without their knowledge/consent?

amother

Maroon

Fri, Jun 10 2016, 11:22 am

Title says it all. It looks like I'm going to be fired for some very illegal reasons. According to a lawyer I spoke to (who is not practicing in this state and does not practice this area of law and was not giving me official counsel) it would be a super quick settlement even without a recording because my employer would want to avoid an investigation (btw, my goal in life is not to win a big settlement but I'd like the harassment at work coercing me to do legally questionable things to stop).

My boss called me in for a meeting previously and told me off for not doing a questionably illegal thing. He then sent me an email so we have a paper trail of the meeting. He reworded his concern so he wouldn't be in big trouble and wrote the email as if it was a different issue entirely. Now he wants another meeting. I want proof that he is asking me to do something illegal or letting me go because I'm not. So...can I tape it without his knowledge? This is in NJ if it makes a difference.

debsey

Fri, Jun 10 2016, 1:12 pm

Yes it is legal to tape someone in NJ without consent. However, your employers can cast aspersions on the veracity of the tape. Hire a lawyer, who can tell you exactly how to tape and where to deliver the tape so that chain of custody is clear. You MUST hire a lawyer now, I promise you, your bosses will have a whole bunch!

cnc

Fri, Jun 10 2016, 1:18 pm

amother wrote:

Hmm I like that. Thing I don't get is how he'd know I recorded him without me telling or using it as evidence? Can't I find out legalities after?

What's the point of recording him if you don't plan on using it as evidence?
If the recording was obtained illegally it most likely will not be able to be used in court and then you didn't gain anything.

amother

Maroon

Fri, Jun 10 2016, 2:10 pm

cnc wrote:

So as to not wastey time consulting a lawyer now. If he doesn't know about it it's as if I didn't do it no?

debsey

Fri, Jun 10 2016, 5:35 pm

amother wrote:

Hmm I like that. Thing I don't get is how he'd know I recorded him without me telling or using it as evidence? Can't I find out legalities after?

you REALLY need a lawyer. U r going to mess up. If u tape him and the taping is not done in a very specific way, stored in a specific way etc it will be inadmissible as evidence. You need it to be admissible so ask a lawyer exactly what to do. It can be the difference between getting a settlement or not. Your parnassa depends on it. U never save money on a lawyer! Most penny wise pound foolish thing to do in the world!