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Secretly recording counseling session
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I've tried to research on line but can't seem to find information regarding a supervisor secretly recording an employee's counseling session. The supervisor has been in "he said/she said" conver
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Secretly recording counseling session
posted at 9/30/2011 10:23 AM EDT
on Workforce Management
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Posts: 1
First: 9/30/2011 Last: 9/30/2011 |
I've tried to research on line but can't seem to find information regarding a supervisor secretly recording an employee's counseling session. The supervisor has been in "he said/she said" conversations in the past and, unbeknownest to the company, the supervisor secretly recorded an employee counseling meeting. Any harm in that? |
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Re: Secretly recording counseling session
posted at 9/30/2011 3:10 PM EDT
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
What state are you in? You need to check your state laws on recording a conversation. Some states require both parties know it is being recorded, some require only that one knows. Also check into the Federal Wiretap Act. The question is what should the company policy be? Because as long as it doesn't go against the federal and state law... One article I found states "...Desilets, v. Wal-Mart Stores, Inc: ....This case demonstrates the wisdom of removing employee expectations of privacy in the workplace. It is not a violation of the Omnibus Crime Control and Safe Streets Act to intercept a communication where one of the parties to the communication has given prior consent to the interception. An appropriate policy removing employee expectations of privacy could help an employer in the defense of this and other types of privacy-based claims." http://library.findlaw.com/1999/Sep/1/132889.html So it can also depend on policies already in place. And here is an interesting 7th Circuit opinion in 2010: http://www.shrm.org/LegalIssues/FederalResources/Pages/7thPotentialLiability.aspx It would be better to train the supervisor on taking written notes and immediately transcribing them. And then asking the employee to sign off on the conversation. Honestly this is one spot where I would spend the money to get appropriate legal counsel to write a policy OR outlaw taping altogether. |
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Re: Secretly recording counseling session
posted at 10/5/2011 9:48 PM EDT
on Workforce Management
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Posts: 1
First: 10/5/2011 Last: 10/5/2011 |
What is the nature of the counseling? Yes, it depends upon the state, but anything with the word "counseling" usually brings with it a set of not only legal issues but ethical ones. And it depends on the credentials of the counselor. If it's an HR professional -- what are the ethical standards, not of the company, but of the credential? If it's a psychological/social work licensed professional, ethical standards dictate privacy under strict federal laws, and the taping is, indeed, an invasion of privacy. If the tapes leave the premises of the place of counseling, surely that represents a lapse in standards as well- with an opening for legal action. It sounds like the supervisor needs a better supervisor, and the person who wrote in should be reporting it to that supervisor on an ethical basis, and a probable legal one. Also- anyone "counseling" is trained to document sessions, make progress notes and keep a file. If the counselor cannot do this without the help of a tape, find another career. Melissa Lande, www.landepr.com |
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Re: Secretly recording counseling session
posted at 10/6/2011 10:21 PM EDT
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
Melissa, Employee counseling sessions are rarely done with a true professional licensed counselor. They aren't the same thing as a psychological counseling session and don't hold the same weight legally. There is very rarely any privilege or confidentiality between supervisor and employee except on a few issues (ADA being one). Employers should go out of their way to make sure the employee has NO expectation of privacy in any private meetings with supervisors...especially privacy that goes up the chain. One of the worst things a supervisor can do is to do so, because it then very often causes a conflict of interest. Are there times to hold on to information without telling mgmt/HR? Definitely. But a good manager/supervisor should never promise it...neither should a good HR professional. This is one good place for an EAP that IS confidential and is a "third party" and is a "arm's length" from the actual employer/supervisor. Actually there are only a few "Credentials" in HR and then all standards do fall back to federal, state and local labor and employment laws along with corporate policies. HR professionals aren't bound by any professional organization standards like a doctor or lawyer would be. In some companies, you don't need any degree or certification to practice HR. |
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Re: Secretly recording counseling session
posted at 10/11/2011 3:53 PM EDT
on Workforce Management
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Posts: 1
First: 10/11/2011 Last: 10/11/2011 |
The above are right about State law, each state is a little different. With that said, it's always best to get the permission of both parties. How would the supervisor feel if the employee secretly taped them? Probably not good and it will harm credibility and morale. If we have a similar circumstance, we offer to let the employee have a copy or transcript. After all, its the same for both parties, right? If they both know that the other will have possession of the conversation that could be used later, they tend to be very civil on tape. Also, we encourage at least two supervisory personnel present if there is the potential that it will get back and forth and present it that way. Ultimately, it's for the protection of everyone and benefits all. Good luck! |
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Re: Secretly recording counseling session
posted at 10/12/2011 1:47 PM EDT
on Workforce Management
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Posts: 2
First: 10/12/2011 Last: 5/8/2012 |
I need take it that the "counseling" is something related to job performance, yes? The recording of a conversation pertaining to work that has not been disclosed tells me your supervisor is playing with fire. Since this is a he said/she said situation, why has HR not done an investigation or sat in on any of these sessions? Here is where my HR self defaults: What would it look like as a headline in a newspaper or in front of a jury. Even if it is perfectly legal to secretly record an employee, how do you think that perception of your company will play out? Not very good, obviously. This action could cause morale issues within your organization and a potential loss of business. It is a short sighted action by the supervisor that could cause a host of negative ripple effects beyond the legality. Tell the supervisor to ditch the recorder and have an impartial witness sit in, preferrably HR. Then start crafting a training along with supporting company policy that has proper procedures for "employee counseling". |
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Re: Secretly recording counseling session
posted at 10/13/2011 3:25 AM EDT
on Workforce Management
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Posts: 1
First: 10/13/2011 Last: 10/13/2011 |
even in press interviews, the interviewer must ask the interviewee's permission to record the conversation. you may take notes, but recording it must be with consent. IMHO, it's completely wrong to record a conversation, much more so if it's a counseling session. smacks of blackmail to me. |
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Re: Secretly recording counseling session
posted at 10/13/2011 8:23 AM EDT
on Workforce Management
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Posts: 10
First: 9/22/2011 Last: 1/20/2012 |
Hi: |
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Re: Secretly recording counseling session
posted at 10/13/2011 2:02 PM EDT
on Workforce Management
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Posts: 8
First: 10/13/2011 Last: 6/19/2012 |
In Response to Secretly recording counseling session: I've tried to research on line but can't seem to find information regarding a supervisor secretly recording an employee's counseling session. The supervisor has been in "he said/she said" conversations in the past and, unbeknownest to the company, the supervisor secretly recorded an employee counseling meeting. Any harm in that? Posted by lsuas I would also recommend -- in addition to the suggestions made by the other commenters -- that you check your own internal policies and employment manuals. Where I work, making audio and video recordings is strictly prohibited, absent express permissiion. |
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