Rachel Bethel
Trial Attorney
You’re in an awful work environment. Your boss is making retaliatory remarks. Or maybe a coworker is sexually harassing your friend. You would like to know if you can legally record conversations at work.
I’ve had a number of potential clients ask me this question at their consultation with our firm. The answer is more nuanced than a simple “yes” or “no.” As with many legal questions, the details matter. Recording conversations without understanding the law can have serious risks.
Texas Is a One-Party Consent State
Texas is considered a “one-party consent” state when it comes to recording conversations. This means that as long as one party to the conversation consents to the recording, it is legal.
In plain terms, this means that if you are part of the workplace conversation, you can record it without telling anyone else.
For Example:
✅: You record your manager threatening to fire you after you report unlawful harassment.
✅: You record a meeting between yourself and your supervisor to document his retaliatory remarks.
❌: You secretly place a recording device in the break room to capture conversations between co-workers when you’re not present.
Violating these laws can have extremely serious consequences, including possible criminal charges, so it’s critical to know where to draw the line.
Workplace Policies Should Be Reviewed
Even if recording is legal under Texas law, your employer’s policies may expressly prohibit it.
Many employee handbooks include clauses forbidding unauthorized recordings in the workplace.
Violating such policies might result in discipline or even termination—despite your actions being legal under Texas law.
Before You Hit “Record”
•Know the policy: Review your company handbook before recording and understand all the policies and how they may apply to your circumstances.
•Know where the other participants are located: Not all states are one-party consent states. If you are speaking with someone in a different state, you’ll want to take a look at their state’s laws on recording and consent, too.
•Use recordings carefully: Even if it’s legal under Texas law, recording a manager may damage trust or complicate your case if your manager or others find out.
•Consult an attorney: If you’re not sure what to do and have ongoing concerns of unlawful misconduct in the workplace, you can always contact one of our Texas employment lawyers to get legal advice on your concerns.
In Texas, recording a conversation that you’re part of is generally legal, but that doesn’t mean it’s always advisable. Employment relationships involve legal, ethical, and practical considerations.
Whether you’re seeking to document harassment or obtain evidence for a case, the safest approach is to understand the law, review company policies, and consult with an employment attorney before pressing “record.”