Gathering Evidence? - Legal Help Forum

heretoday · 11-08-2009, 08:40 PM

How, short of secreting a tape recorder in your pocket, can you gather relevant evidence in the case of sexual harassment by your boss? (Is taping a good idea?)

chris1203 · 11-09-2009, 01:14 PM

Quote:

Originally Posted by heretoday

How, short of secreting a tape recorder in your pocket, can you gather relevant evidence in the case of sexual harassment by your boss? (Is taping a good idea?)

It's interesting, but the laws concerning "in person" tape recording (at least video recording) has not kept up with technology. It is illegal to tape someone over the phone if you have not allerted them to the taping first, but I don't know if there's any laws against putting a tape recorder in your pocket and taping someone.

mollyL · 11-10-2009, 12:44 AM

I'll bet that there are differences in statutes based on locality. Some states might require you to inform the other person that they are being recorded.

chris1203 · 11-10-2009, 11:33 PM

Quote:

Originally Posted by mollyL

I'll bet that there are differences in statutes based on locality. Some states might require you to inform the other person that they are being recorded.

You're probably right, Molly. I'm thinking about the news shows where the reporter goes "under cover" to get someone on tape doing something illegal. To my knowledge, none of them have been sued for these nefarious practices.

mollyL · 11-11-2009, 04:44 PM

No, I've never heard of anyone getting sued for doing that. With some of the trouble people have gotten into because of it, you'd think at least one cameraman would have gotten sued.

Taggart · 11-12-2009, 07:34 AM

I wonder if there's a law against recording them without their knowledge, or using the recording in a legal procedure without their consent?

I don't think there's a law against simply recording them.