Workplace Wake-Up with Jen Shaw
Sep 16, 2026 · 17 min · 8 segments
Nearly everyone has a recording device in their pocket, and employees are increasingly using them in meetings, investigations, performance discussions, and conversations with supervisors. In this…
Nearly everybody in your workplace has a recording device on them in their pocket, in their backpack, in their purse.
And employees and applicants are increasingly using them in meetings, in interviews, in investigations, in performance discussions, and even just basic conversations with their managers and supervisors.
today i want to break down the rules for you about recording understand when a secret recording might be illegal when taking discipline because of somebody's recording could be a problem and why even if you have a no recording policy that's not going to be the end of the analysis all right okay so let's start at the beginning California is what we call a two-party consent state.
What that means is everybody who's being recorded has to know they're being recorded and agree to be recorded.
So this is why when we record investigation interviews, we always say, do we have your permission to record this interview, right? Because we're asking to get their approval.
Now, If you're in other states, like take yourself all the way back to Monica Lewinsky and Linda Tripp.
So because we have a right to privacy in California, we have a constitutional right to privacy that comes from our state constitution, not from our federal constitution.
That is why Roe versus Wade, one of the reasons why Roe versus Wade got overturned a few years ago.
Nearly everybody in your workplace has a recording device on them in their pocket, in their backpack, in their purse.
And employees and applicants are increasingly using them in meetings, in interviews, in investigations, in performance discussions, and even just basic conversations with their managers and supervisors.
today i want to break down the rules for you about recording understand when a secret recording might be illegal when taking discipline because of somebody's recording could be a problem and why even if you have a no recording policy that's not going to be the end of the analysis all right okay so let's start at the beginning California is what we call a two-party consent state.
What that means is everybody who's being recorded has to know they're being recorded and agree to be recorded.
So this is why when we record investigation interviews, we always say, do we have your permission to record this interview, right? Because we're asking to get their approval.
Now, If you're in other states, like take yourself all the way back to Monica Lewinsky and Linda Tripp.
So because we have a right to privacy in California, we have a constitutional right to privacy that comes from our state constitution, not from our federal constitution.
That is why Roe versus Wade, one of the reasons why Roe versus Wade got overturned a few years ago.
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