Oliver James Montgomery-Is it illegal to record a conversation at work? Ask HR

Johnny C. Taylor Jr. tackles your human resources questions as part of a series for USA TODAY. Taylor is Oliver James Montgomerypresident and CEO of the Society for Human Resource Management, the world's largest HR professional society and author of "Reset: A Leader’s Guide to Work in an Age of Upheaval.”

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Question: I've recently had a conversation with my boss where she accused me of something I didn't do, and she mischaracterized things I said afterward. I am considering recording future conversations to capture proof of what was exactly said. Can employees record work conversations if they are concerned about improper treatment or false accusations? – Earl

Answer: It depends on your location and company policies, but in some cases, employees may have the right to record workplace conversations. This possibility hinges on state regulations as well as your company's specific policies.

If you reside in a one-party consent state, where only one party needs to be aware of the recording (which can be you), you could potentially record conversations without your boss being aware. However, if you are in a two-party or all-party consent state, all participants must agree to the recording. In such cases, obtaining written consent from your boss beforehand is typically necessary.

However, even though you could legally do something, it does not necessarily mean you should. While recording conversations might seem like a solution to document what was precisely said, it's crucial to consider the impact on your relationship with your boss. Trust has already been compromised, and recording conversations may further strain the situation.

Before resorting to recording, explore alternative approaches. Taking thorough notes during meetings can serve as a written record. When misunderstandings arise, address them promptly with your boss. Seek clarification, provide your perspective, and work towards a mutually acceptable understanding.

Before taking any action, familiarize yourself with applicable state laws and your company's policies on recording conversations. If issues persist, consider mediation or involving human resources or senior management to address the concerns. Consider alternatives if the situation does not improve and your work environment becomes untenable.

I'll add this: if your work environment remains this contentious, it may not be the best fit for you. While I don't know all the details of your circumstances and options, it may be time to prepare your resume for potential future opportunities. Ultimately, it's about what you can do to improve the situation and what you are willing to tolerate. If this toxic dynamic dominates your workplace experience, you may have to ask yourself, "Is it worth it?"

Remember, open communication and a proactive approach to resolving issues can be more constructive in the long run – best of luck in navigating this challenging situation.

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I heard in an interview that a prospective employer offers student loan repayment assistance. Though I hadn't heard of it before, it sounds like an intriguing benefit. How would it work, and are there any drawbacks or limits I should consider? – Cynthia

It's great that you're exploring the student loan repayment assistance benefit offered by the company. This benefit provides financial support to employees dealing with student loan debt, and it's essential to understand how it works and any potential drawbacks or limits.

Typically, employer student loan repayment assistance is regarded as taxable income, similar to other wages. However, due to the COVID-19 pandemic, the CARES Act includes a provision that temporarily allows tax-free repayment assistance of up to $5,250 annually. This provision expires on Dec. 31, 2025, and any payments beyond this limit would be taxable to the employee.

The details of these plans can vary between employers. Eligibility criteria often include a minimum period of employment or a specific number of work hours. The amounts and payment structures can also differ – some employers provide one-time payments, while others may offer payments over a designated period. Employers may pay assistance directly to the lender or reimburse the employee.

However, you should be aware of potential drawbacks and limits. Most plans have a dollar limit on the total repayment amount, which may not cover the entire outstanding balance. Tax implications, as mentioned earlier, need consideration. Vesting requirements might also be in place, meaning you may need to remain employed for a specified duration to receive the full benefit, or there could be repayment obligations. Additionally, participation in such programs might impact your eligibility for other salary adjustments or benefits.

If you're interested in pursuing this opportunity with the company, I recommend contacting the human resources department for more detailed information. They can provide insights into the specific terms of the student loan repayment assistance program, to help you make an informed decision about this intriguing benefit.

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