WA Recording Employment Conversation

[Charlie1712]

I found this interesting article, which I think is relevant to conversation with employers about performance.
Recording conversations without consent

Based on the criteria outlined on what is a "private conversation" any employment conversation with manager concerning performance and General Protections would be considered non-private as it concerns legal employment right.

A while ago I was told in a face to face meeting "you are doing a good job" and then an e-mail a week later we have some concerns. Based on the criteria outlined below it appears a work related performance conversation is not "private" as it impacts on workplace rights???

I understand the big disclaimer / qualification, which is to seek legal advice before acting on it:

A private conversation should have a degree of informality:

• Meetings of a commercial character and purpose are of an entirely different nature to ‘private conversations.’ Notably, the parties to the conversation are representatives or agents of a corporation who have a duty to report to the corporation; the meetings have formal agendas; the parties seek to reach decisions that will affect the legal rights and duties of the parties; formal records are kept; and the meetings are of a formal nature.
• A ‘private conversation’ in the sense of the legislation does not mean a ‘secret’ or ‘confidential’ conversation. Rather it is a conversation that is ‘not public.’
• Private conversations should be intended to be confined to the parties to the conversation or known participants in the conversation.
• A conversation can be private even though the participants are at liberty to tell others about it later.
• The location and physical environment in which the conversation took place will be of great significance in deciding what the parties expected.

 

[jsw]

Depends on what state you're in. Each state has specific privacy legislation.