‘It’s my right’—Sometimes employees assert rights they don’t actually have

“It’s my right”—is the beginning of a sentence supervisors may hear from members of their team. Often, the supervisor in that situation doesn’t know whether the employee’s statement is correct but worries that it may be. Here are the most frequently asserted “rights” that are not, in fact, the employees’ rights.

To record audio/video of a conversation

Right? Wrong. The confusion is that if the person recording a conversation complies with a one-party or two-party consent state law, the recording is not illegal eavesdropping (i.e., a criminal offense). However, just because it’s not a criminal offense does not give the employee the right to record a conversation at work.

Not only may a supervisor prohibit such a recording, but the supervisor may also require the employee to show that their cell phone is turned off. Furthermore, an employer may record meetings (often not a good idea) without permitting the employee to do so.

To have representation during investigations or disciplinary meetings

Right? Wrong. In a unionized setting, the employee has the right to request union representation if the interview is investigatory and may lead to the discipline of that employee. This is known as the Weingarten right. Note that the employer does not have to notify the employee of this right nor does the employee have this right if the purpose of the meeting is just to issue discipline, not investigate. Often, the scope of Weingarten is addressed in a collective bargaining agreement.