You gotta be kidding me!

UM Review RN, ASN, RN · Nov 22, 2007

Maybe you should hang a sign up in the office -- to the effect that tape recording anyone without permission is illegal. As such, it could never be used in litigation.

At least it is in this state.

**canoehead, BSN, RN** · Nov 22, 2007

It's legal, and if you have done nothing wrong you shouldn't be worried- annoyed, but not worried.

MAISY, RN-ER, BSN, RN · Nov 22, 2007

Recording conversations is a tricky thing. First, it has to be legal in your state, and second it usually has to be done by one of the participants in the conversation.

In NJ I could record a conversation between myself and a manager, HR person, or anyone else without informing them, because I am one of the participants. However, it is illegal for a 3rd party to record a conversation unknown to the participants unless there is a court order or it's under the Patriot Act.

I think recording conversations can benefit an employee who is being threatened, abused or harrassed. I also think that this employee will be in for a big surprise if he's recording other conversations. It would lead to criminal action.

Maisy;)

EmmaG, RN · Nov 22, 2007

Plus, during the times that this ee is treating in our office, other ee's are treating, and potentially being recorded as well........major breach of privacy!!!!

Texas is a one-party state, but this might be your angle to nail him to the wall. Speak to your company's attorney and specifically mention this as a concern.

CyndieRN2007 · Nov 22, 2007

I think recording conversations can benefit an employee who is being threatened, abused or harrassed.
Maisy;)

The ee definately believes he/she is being mistreated. There have been accusations that we (nurses) further injured this person. I personally wish I could refuse to treat this ee. All this person does is complain about the treatment we give. He is very non compliant and has been seen doing things that he/she shouldnt be doing ie lifting/using arm, carrying heavy object with injured arm, etc. This ee claimed a nurse caused him further injury by assiting with prom exercises but then complained when the nurses didnt want to assist with the exericeses any more. It is a bad situation. LOL

lindarn · Nov 22, 2007

OK everybody, Im curious to hear your responses.
Yesterday at work, I was informed that one of our patients has a tape recorder and has possibly been tape recording treatment visits in our office! WTH!!!!
A little background on the situation. I am an OHN in a large beef packing plant. one of my job duties is to provide treatments for employees (ee) that have work related injuries/illnesses. This particular ee has been treating with us for a long time and has not gotten any better. To make a long story short, this ee is tightly affiliated with the union and gives us hell about ee rights and how the company is not going to treat ee's like crap. We provide this person great care. I dont want to go into details but what I can say is that I know this person is taking advantage of the Occupational benefits/Certified restricted duty program. I'll just leave it at that.
I am not at all worried about the stupid tape recorder because I never have said anything out of line to this ee. It just chaps my hide that I could recorded at any time now!!!!! Plus, during the times that this ee is treating in our office, other ee's are treating, and potentially being recorded as well........major breach of privacy!!!!
Our office has not decided how we are going to handle this problem. Im asking the advice of all you guys... So, have any of you been faced with this type of problem? What do you all think?

I agree with the person who said to check with the attorney who represents the company. In Washington State, it is a FELONY to resord someone without their knowledge and/or permission.

Lindarn, RN, BSN, CCRN

Spokane, Washington

MAISY, RN-ER, BSN, RN · Nov 22, 2007

I checked for the heck of it....Texas is like NJ...only one person needs to be informed of taping. In this case, it would be the employee.

All you can do is to keep it professional, and document to the nines. I would think all of the instances where the employee is not doing what is required for recovery is charted.

I also think the employee should be aware that recovery and therapy HURTS! Its HARD! If they aren't willing to contribute to their recovery, then perhaps the company needs to intervene....union or not.

Maisy;)

kukukajoo, LPN · Nov 22, 2007

Now technically the loophole with permissions is that he is also taping others around him who are not part of the conversation and therefore no permission!!!

oramar · Nov 23, 2007

The truth is that with the present state of technology anything you do or say could be recorded at any time and anywhere.

Jo Dirt · Nov 23, 2007

In TN, recording can be done with the consent of one party, that party could be yourself.

Azee · Nov 23, 2007

Might not hurt to have two nurses or staff in with this employee at all times for the sake of having a witness. I had a pt like this in hospital setting with major psych issues. Came in with abd pain and never wanted to leave. She was constantly trying for a new drama! It was very hard to take!!