The Employer’s Legal Advisor

Employer’s Legal Pad—Chapter Eight Checklist

A tape recorder and a videocamera can be valuable tools in a legal defense, but they can backfire and work against an employer as well.

• You may record any telephone call to which you are a party except in some states.
• You may not record a telephone call to which you are not a party without permission.
• Avoid discussing employment decisions, especially adverse actions, over the telephone. Face-to-face is better. You should then follow up with a written memo.
• Check your state laws and/or consult your company attorney about videotaping and recording in your state.