Can You Record Your Boss at Work? Secret Recording Laws and Evidence

Federal Law: One Person Can Agree

The federal wiretap law, 18 U.S.C. 2511, generally makes it lawful to record a conversation when you are part of it, or when one party to it has agreed. That is why it is often called a one-party consent rule. It does not cover a conversation you are not part of, such as a private exchange between your manager and someone else, and it does not allow recording done to commit a crime or another wrong.

State Law Can Be Stricter

Many states follow the federal approach, but a number of states require every person in the conversation to agree. Some also treat a remote conversation differently from one held in person, and the rules can differ when the people are in two states. If you work in one state and your boss is in another, check both. A recording made without the required consent can lead to criminal charges, a civil claim, and a ruling that the recording cannot be used.

Workplace Recording Rules

Many employers ban recording in the handbook. Breaking that rule can lead to discipline even where the recording was lawful. In some cases a blanket ban may interfere with rights to act together with coworkers about pay and conditions, which 29 U.S.C. 157 protects. That question turns on the facts, so do not assume a rule is invalid. If you are protesting your treatment, see our guide on workplace retaliation.

Safer Ways to Build a Record

• Same-day notes

  Write down the date, time, place, who was present and the words used, as soon as you can.

• Emails to yourself or to the manager

  Send a short message such as: Following up on what you said today about my schedule. Keep any reply.

• Names of witnesses

  List coworkers who saw or heard the event, even if they never come forward.

• Texts, chats and voicemails

  Messages sent to you are usually yours to keep. Take screenshots with the date visible.

• Written policies and reviews

  Save the handbook pages, past reviews and offer letters that show how you were treated before.

Our checklist on harassment evidence to save and the guide to documenting discrimination show how to organize these items. The EEOC charge process also lets you describe what happened without any recording.

If You Already Made a Recording

• Do not share it

  Do not post it online or send it to coworkers. Keep the original file safe.

• Do not delete it

  Deleting could look worse later. Back it up where only you can reach it.

• Note the circumstances

  Write down where you were, who else took part and whether anyone knew.

• Get advice before using it

  Whether it can be used turns on your state and on how it was made.

Retaliation for Raising a Concern

Being fired or demoted after you complain about discrimination or harassment can be unlawful retaliation, as the EEOC explains. That protection does not depend on a recording. Your notes, the timing of the change and what was said when you complained can show the link. The post on rights during a workplace investigation covers what to expect if the company opens a review.

What to Save

• Original files

  Keep any audio or video unedited, with the date it was made.

• Your notes

  Keep handwritten or typed notes made close to the event.

• Messages

  Save emails, texts and chats about the same events.

• Witness list

  Write names, job titles and what each person saw.

• Employer rules

  Keep the recording policy and any acknowledgment you signed.

• Your timeline

  Note the date of the event, your complaint and any discipline that followed.

Free Case Review

If you are not sure whether to record, or you already have a recording and are unsure what to do, a review of your state rules and your other proof can help you decide the next step. Our team can look at your situation at no cost, if you are eligible, and you do not need a recording to start.