Q: Can NJ and NY Employees Covertly Record Their Supervisor’s Remarks and Rely Upon the Recordings in Litigation?

The supervisors in the Cowher case initially denied making the offensive anti-semitic remarks. They changed their testimony when the plaintiff produced DVDs of their conduct.  The Cowher case serves as a reminder that in New Jersey, it is lawful to record a conversation without a participating party’s knowledge or consent as long as another party to the conversation, including the recording party, consents to the recording. Such recordings can be used as evidence in a lawsuit.  New York has similar laws.

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