A manager learns that an employee recorded a performance counseling session. HR discovers that a witness recorded an investigation interview. A supervisor finds out that a Teams meeting was transcribed and saved without anyone’s knowledge. In more contentious situations, employers may discover that employees have been collecting recordings for months in anticipation of litigation.
The initial reaction is often understandable: this employee violated company policy, undermined trust, and recorded workplace conversations without permission.
But before issuing discipline, employers should take a step back. In many cases, the legal risk created by the employer’s response to the recording is greater than the risk created by the recording itself.
The days when workplace recordings required specialized equipment are long gone. Nearly every employee carries a smartphone capable of making high-quality audio and video recordings. In addition, employees increasingly have access to smartwatches, AI-powered transcription applications, meeting-recording software, and collaboration platforms that automatically generate transcripts and meeting summaries.
Technology has dramatically lowered the barrier to creating and preserving evidence.
As a result, employers should assume that workplace conversations, meetings, and interactions may be recorded, even when no recording is apparent.
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