Does Texas Law Allow You To Secretly Record Things At Work?

Is it legal in Texas to secretly record workplace "shenanigans"? It's something a lot of people wonder about but the real question here is; should you?

Secretly recording people anywhere is kinda shady. In the workplace however, things can happen that are even shadier and if you need to take legal action, what kind of proof do Texas courts allow?

Text messages, voice mails, e-mails ... sure, once someone has sent them, they're out there in the open. What about secret audio recordings though?

The short answer is, yes. Texas is what is called a "one party consent state". Long definition short, this means that a person can record a conversation without telling the other person(s) as long as they are present during it.

So, don't set up a tape recorder in the bathroom and then leave. (Don't put video recorders in the restroom either.). Even though Texas law allows secret recordings, should you use one?

It may not be a good idea according to employee rights attorney Drew Herrmann.

“Sometimes juries view employees recording as a bad thing,” Herrmann said. “It can be twisted against the employee even if they have no ill intentions and they’re truly just trying to protect themselves. The jury could view it as you were provoking the situation, and that’s when you started recording.” - startelegram

As an example, Hermann brought up the Johnny Depp/Amber Heard trial. Heard's recordings of Depp were viewed, in the court of social media, as HER riling him up; then recording once she got him in the situation she thought would benefit her.

My advice?  This is a double edged sword you should be reeeeeeally careful with. (I'd also advise you to consult a lawyer, not a DJ. No matter how smart and handsome he is.)