Employee Recorded Disciplinary Action

[tjvaughn]

We were issuing a written warning to an employee for smoking in a non-designated area during working hours (he had been verbally warned twice), when the employee informed me he was recording the conversation on his cell phone. I didn't know what to say so we continued with issuing the warning. Is it legal for employees to record conversations (cell phones are alowed)? How should I have handled it? Thank you

 

[mlane58]

It depends on what state you are in whether it is legal or not. But as an employer, legal or not, you don't have to allow it and can terminate someone for doing so. Do you have a policy against recordings?

 

[tjvaughn]

There is no policy on recordings. We are in Pennsylvania. Thank you for responding-this was my first post and I thought it would show my state. Any more advice would be appreciated.

 

[de_novo]

No, that is illegal here in PA. As an employer, you have a wide range of options within this Commonwealth on what you want to do in this situation. As long as you have some sort of understood policy regarding the smoking and this employee has been warned numerous times about it, you can take further action, up to and including termination since it is considered willful misconduct.

 

[mlane58]

No, that is illegal here in PA. As an employer, you have a wide range of options within this Commonwealth on what you want to do in this situation. As long as you have some sort of understood policy regarding the smoking and this employee has been warned numerous times about it, you can take further action, up to and including termination since it is considered willful misconduct.

The employer doesn't have to have a policy regarding the smoking. They can take what action they desire regarding the issue.

 

[cbg]

I don't know why so many employees think that their recording a conversation gives them some kind of edge but it does not. You were within your rights to give him a warning for violating the policy and the fact that he recorded it is meaningless. So what if he recorded it? All it will do is prove to the unemployment people that he did, indeed receive a warning, which will work in YOUR favor, not his.

 

[ChrisWarren57]

Not even close to legal advice, but practical advice instead:

This employee has a problem with following company policy on smoking and is trying to intimidate you over enforcing that policy. You need to have a "heart-to-heart" with this man, in writing and preferably with a witness. You should tell him that, regardless of his job performance, he will comply with the company policy on smoking or you will let him go, period. Draw the line in the sand, a la Colonel Travis at the Alamo. He will either step over it buying in to the policy or quit his job. If you let things slide, he will conclude that he can bully you to get his way.

FYI: this is no anti-smoking zealotry. I have smoked all my adult life and will probably continue to do so. On the job, however, I have to smoke when and where my employer allows.

 

[de_novo]

mlane58 is right about the policy. You don't have to have a defined policy per se, but your verbal warnings about the smoking were more than adequate to assert what stance your company had on smoking and that he had obviously broken that rule.