can I be terminated for openly recording a conversation

kellieabbott11

New Member
Jurisdiction
California
recently I was in a meeting with my manager and HR person, I was just returning from disability and FMLA, since I feared that I would be terminated via retaliation, I placed a recording device on the table in clear view.
the meeting went well and I was given a severance package, then a few minutes after the minute, I was confronted about recording the meeting. I admitted that I did, and then I was told that I was in violation of our companies standards of business conduct policy. I was not aware that could not openly record a meeting.

Now they want to terminate me. Is this legal?
 
Now they want to terminate me. Is this legal?

Yes. It's legal. If you are "employed at will" (no bona fide employment contract, no union contract, no civil service) you can be terminated for ANY reason and even for NO reason, as long as the termination doesn't violate any employment laws (this one doesn't).

Didn't even have to be a

violation of our companies standards of business conduct policy

All it took was the boss just not liking that you did it.

On the plus side, I don't think it disqualifies you for unemployment compensation, although you might have to go through the appeals process if the boss claims misconduct. Just make sure you file for unemployment compensation ASAP upon termination so you don't lose any benefits to which you may be entitled.

Personally, I don't blame you for recording the meeting. It's just too bad that you don't live in a state where you could have done it secretly.
 
I'm a little confused because you said the meeting went well and they gave you a severance package. The later you were terminated for the recording? What was the severance package about?
 
Then it really doesn't make sense to have recorded the conversation. That said, it is legal to terminate you for this and not at all uncommon to do so.
 
Yes, it's legal to terminate you. You can apply for unemployment ins. (the state will decide if you qualify) & look for other employment.
 
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