It is a safe bet that most if not all of your employees own a mobile or smart phone.  It is also a safe bet that those phones have the capability of capturing pictures, taking video and recording conversations.  That said, it is almost a certainty that one or more of your employees will use his or her phone to secretly record conduct or conversations in the workplace.  When that happens, can you lawfully discipline the employee?  Many times the answer is “yes,” particularly in a school setting and when there are clear policies or practices in place prohibiting such conduct.  Other times, however, the answer is not clear.  Rather, the answer depends on why the employee was making the recording and what law applies if an employee challenges the discipline as being unlawful.
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