Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
485 Metro Place South, Suite 220 Dublin, OH 43017
614-467-4923
Menu Contact
View Practice Areas

Recording As Evidence To Support Employees' Claims

Often times, employees believing they are being discriminated against by their employer because of their age, gender, religions, race, or disability tell their employment attorney, "my boss said that I was too old" or "my boss was telling racists or sexist jokes all the time." Then, when I ask them what evidence they have to support their claim, they realize they have none but their own word. That is when I tell them (assuming they have not been separated from the company yet) to consider record their conversations with their employers, so long as no Company policy exists prohibiting recording.  "I can do that?" The answer is - yes!

Ohio is what is called a "one party state" which means that recording meetings, telephone conferences, and casual conversations is perfectly legal so long as "one party" to the conversation knows that the conversation is being recording. In the above example, if that one party that knows the conversation is being recorded happens to be the person doing the recording, that is enough. Ohio Revised Code ยง2933.52(B)(4) expressly carves out an exception to Ohio's wiretapping law allowing a party to record a conversation, including telephone calls.

The next question is whether the recording is admissible in Court. Usually, the answer is yes. In Ohio, so long as the person who recorded the conversation can state that: (1) the tape is a fair and accurate rendition of the conversation, (2) he or she can identify the voices on the tape, (3) the tape recorder was in good working order, and (4) you can testify who has had possession of the tape, the tape can be admitted into evidence.

So, next time you are having a conversation with your employer and you feel that it demonstrates discrimination, consider recording it!

By: Nicholas W. Yaeger

No Comments

Leave a comment
Comment Information

These honors are evidence of the quality of counsel we are known for:

Email Us Today

Contact Our Attorneys Advanced Employment Law For The Columbus Area, With Offices In Dublin

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

MOWERY YOUELL & GALEANO, Ltd.
485 Metro Place South, Suite 220
Dublin, OH 43017

Toll Free: 888-401-2692
Phone: 614-467-4923
Fax: 614-760-8654
Dublin Law Office Map

Review Us
office pin
Back to top