Workplace Wake-Up with Jen Shaw
Oct 28, 2026 · 15 min · 11 segments
Assume every workplace conversation can become evidence. Employees have recording devices in their pockets, AI meeting assistants automatically generate transcripts, screenshots preserve messages…
So I thought this is a really important topic because I want you to basically assume that every workplace conversation you're having is being recorded.
It is so easy for someone to take their phone and put it in their pocket or have a little teeny recording device.
So I want you to start thinking about should you just assume they always are, right? Because...
And even if they don't tell you they're recording, remember, that recording may not be admissible in court because it violates the penal code, the California penal code.
So when we do internal investigations, just because somebody has recorded something without getting consent, that doesn't mean we're not going to listen to the recording.
we're reviewing that recording to see if it sheds any light on the issues that we're investigating.
So I want you to remember that we have so much going on now with artificial intelligence, where on a Zoom call, right, they can create a whole transcription of what you talked about.
And, you know, we can have screenshots that preserve these messages on our cell phone that we used to think would disappear.
Almost every workplace investigation we do deals with audio files or text messages or Slack messages or Teams chats and social media posts, right? So I want you to think about what you should and should not do in a workplace where almost nothing is truly off the record, right? So first thing, as I said, is I want you to assume that anything you were saying is being recorded and could be played for a jury.
So I thought this is a really important topic because I want you to basically assume that every workplace conversation you're having is being recorded.
It is so easy for someone to take their phone and put it in their pocket or have a little teeny recording device.
So I want you to start thinking about should you just assume they always are, right? Because...
And even if they don't tell you they're recording, remember, that recording may not be admissible in court because it violates the penal code, the California penal code.
So when we do internal investigations, just because somebody has recorded something without getting consent, that doesn't mean we're not going to listen to the recording.
we're reviewing that recording to see if it sheds any light on the issues that we're investigating.
So I want you to remember that we have so much going on now with artificial intelligence, where on a Zoom call, right, they can create a whole transcription of what you talked about.
And, you know, we can have screenshots that preserve these messages on our cell phone that we used to think would disappear.
Almost every workplace investigation we do deals with audio files or text messages or Slack messages or Teams chats and social media posts, right? So I want you to think about what you should and should not do in a workplace where almost nothing is truly off the record, right? So first thing, as I said, is I want you to assume that anything you were saying is being recorded and could be played for a jury.
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