Recording Conversations at Work Without Consent Is Illegal in Illinois

Workplace disputes can arise for a wide range of reasons. If you feel you’re being mistreated or misrepresented by a customer, co-worker, or supervisor, you may have wondered: Can I record an interaction to prove the mistreatment? In Illinois, the answer is no—at least not without the express permission of all parties involved. Here, you will find an overview of the Illinois eavesdropping law and the implications for recording conversations in the workplace.

Illinois Requires Two-Party Consent To Record Private Conversations

Recording laws are largely governed at the state level. Most U.S. states are one-party consent jurisdictions, meaning that only one party to a conversation needs to give consent for a recording to be lawful. However, Illinois is a two-party consent state. In many circumstances, it’s illegal to record a private conversation in Illinois unless you have the consent of all parties.

Illinois enforces two-party consent. According to the Illinois Eavesdropping Statute, a person commits eavesdropping when they use an eavesdropping device “in a surreptitious manner” for the purpose of overhearing, transmitting, or recording all or part of a private conversation to which they are not a party.

If the person using an eavesdropping device does so with the consent of all of the parties to the private conversation, they have not made a surreptitious recording or committed eavesdropping under the statute. Additionally, if the person makes a recording in a public area such as a park or market where there is no reasonable expectation of privacy, they have not committed eavesdropping under the statute.

What Counts as an Eavesdropping Device?

What is an eavesdropping device? According to the statute, it is “any device capable of being used to hear or record oral conversation or intercept or transcribe electronic communications.” Eavesdropping devices may be used to record in-person conversations or electronic communications by telephone or other means. So, an eavesdropping device could be many kinds of recording devices. Audio recordings of cell phone calls, video recordings, and wiretapping are common examples.

A secret, nonconsensual workplace recording would be considered a form of eavesdropping under the Illinois law. You can be charged with a crime for using an eavesdropping device to record a private conversation without consent.

Recording Without Consent Is Not the Way to Gather Evidence of an Employment Claim

As an employee, it is understandable that you may want to record certain workplace conservations. If you are involved in an employment dispute or feel you are being retaliated or discriminated against, the evidence that a recording would provide seems useful. It might even provide the “smoking gun” evidence that you feel you need to bring a claim. Nonetheless, secretly recording a private workplace conversation is a serious mistake. In sum:

1. You generally cannot use unlawfully recorded evidence in an employment law case
2. You could face criminal liability for making an unlawful workplace recording
3. You could face a civil claim by an employer or co-worker if you make an unlawful recording

What you can do to document workplace mistreatment is take detailed notes about what happens to you in the workplace. You can also save correspondence, such as emails, chats, letters, or text messages—but you should not record a co-worker or supervisor without consent. Consulting with an employment law attorney early on is also a smart move to ensure you are handling the dispute and collecting evidence effectively.

Find Experienced Legal Help

If you have any specific questions about your legal rights or your legal options, reach out to an experienced employment and labor attorney for legal advice. A lawyer can help you take action to address the underlying issue without exposing yourself to serious legal liability by making an unlawful workplace recording. For more information, see our overview of employment and labor law.