What are the rules on recording an investigative conversation? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

What are the rules on recording an investigative conversation?

Get PDF file

by on
in Human Resources

Q. We need to investigate a claim of misconduct against an employee and will interview the employee in person or over the phone. May we record the conversation without telling the employee?

A. Generally, yes. If you interview the employee in person in North Carolina, you may record the conversation without the employee’s consent or knowledge. Likewise, recording the phone interview is permitted as long as all parties are in North Carolina at the time of the call.

However, if a participant in the phone interview is out of state at the time of the call, you will need to consider this on a case-by-case basis. In some states, it is a criminal offense to record a person without his or her permission.

Note: Although such recordings in North Carolina are generally legal, it may not be the best business practice.

Leave a Comment

Previous post:

Next post: