The risk for employers is that the cell phone recordings may be used as evidence in a later employment lawsuit. Given that so many cases come down to he said/she said, a taped recording containing a discriminatory or harassing statement can be damning. Even if the recordings are not admissible in court, employees may threaten to release the recordings to media, Equal Employment Opportunity Commission or labor union in order to pressure the employer to offer a favorable settlement.
According to Joe Bontke, an outreach manager for the EEOC, approximately one third of potential complainants offer some form of digital evidence, including cell phone recordings, emails and social media posts. “Anyone can be James Bond with a cell phone in their pocket,” he told the The Fiscal Times. “Just assume you’re being recorded.”
To avoid potential liability, the best idea is to assume that everything you say may come back to haunt you. Employers may also want to consider adopting a policy that prohibits recording workplace conversations without the permission of all parties.
If you have any questions workplace recordings or would like to discuss the legal issues involved, please contact me, Fernando M. Pinguelo, or the Scarinci Hollenbeck attorney with whom you work.
Supreme Court and Title VII: Implications for Reverse Discrimination
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
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Tariff Response Options for Small Businesses Facing Financial Distress
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Common Causes of Partnership Disputes and How to Resolve Them
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Businesses Are Facing Financial Headwinds—A Practical Guide
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
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