Howard Levitt: Though generally legal, taping a conversation would likely be cause for employee termination without severance
The topic of whether it’s legal to tape record a telephone conversation with a colleague has become a matter of heated debate these past few days.
When it comes to the legality of making a recording of a conversation, the law is straightforward, and also not. But one could also argue that since she was discussing her advice to the government and what she intended to do, and since he was purporting to represent the Prime Minister, who was certainly her client, it was a privileged conversation. So ostensibly, although not illegal, her tape recording would be a presumptive violation of law society rules.
I have raised this issue, when acting for employers, as cause for discharge and had those cases dropped in response.
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