Can I Secretly Record a Conversation at Work?

Business people having a meeting at round table
Getty Images/OJO

In light of the arrest of a South Carolina government employee for tape recording a conversation between co-workers, I thought I'd discuss a question I'm asked all the time in my law practice: Can I record a conversation with my employer?

Unfortunately, there's no easy answer to this question, and a mistake can land you in jail. Illegal tape recording can have both criminal and civil penalties. The employee in South Carolina faces up to five years in prison and a $5,000 fine. My advice is almost always: When in doubt, don't.