Tennessee Workplace Recording Laws: Employee and Employer Rights

Tennessee employees can lawfully record any workplace conversation they participate in without notifying other parties. Under Tenn. Code Ann. 39-13-601, only one-party consent is required. However, because Tennessee is an at-will state, employers may still terminate workers who violate a company no-recording policy.

Tennessee's one-party consent law gives both employees and employers significant rights when it comes to workplace recording. Under Tenn. Code Ann. section 39-13-601, anyone who is a party to a conversation can record it without telling the other participants. At the same time, Tennessee's at-will employment doctrine means employers can fire workers for violating company recording policies, even when the recording is legal under state law.

This guide covers the full landscape of workplace recording in Tennessee, including employee rights, employer surveillance authority, policy considerations, and federal labor protections.

Employee Recording Rights in Tennessee

The Legal Foundation

As a one-party consent state, Tennessee allows any participant in a conversation to record it. This means employees can legally record:

• Meetings with supervisors and managers
• HR discussions and disciplinary hearings
• Performance reviews and evaluations
• Conversations with coworkers
• Phone calls with clients, vendors, or customers
• Workplace interactions where the employee is present and participating

The employee's own consent to the recording satisfies the legal requirement. No notification to other participants is necessary.

Why Employees Record at Work

Employees commonly record workplace conversations to:

• Document harassment or discrimination for later use in complaints or litigation
• Preserve verbal agreements about compensation, promotions, or work assignments
• Record disciplinary meetings to have an accurate account of what was said
• Gather evidence of illegal activity such as safety violations, fraud, or wage theft
• Protect against false accusations by having a factual record
• Create training notes from meetings or instructions

What Employees Cannot Record

While the one-party consent rule is permissive, employees cannot:

• Plant a recording device and leave the room to capture conversations they are not part of
• Use hidden cameras in areas where coworkers have a reasonable expectation of privacy
• Record for the purpose of committing a criminal or tortious act, such as blackmail or corporate espionage
• Intercept electronic communications they are not a party to, such as reading other employees' emails or text messages

Recording a private conversation between coworkers that you are not part of, without either of them agreeing, is a Class D felony under Tenn. Code Ann. sections 39-13-601 and 39-13-602. Talk spoken openly where others can hear may not be protected, but planting a recorder to capture a private conversation is a crime.

Employer Recording and Surveillance Rights

Video Surveillance

Tennessee employers have broad authority to conduct video surveillance in the workplace. Cameras are permitted in:

• Open office areas and cubicle spaces
• Retail sales floors and customer-facing areas
• Warehouses, manufacturing floors, and loading docks
• Parking lots, building entrances, and exterior areas
• Lobbies, hallways, elevators, and common corridors
• Break rooms (video only; audio requires consent compliance)

Keep cameras out of:

• Restrooms and bathrooms
• Changing rooms and locker rooms
• Designated nursing or lactation rooms
• Any area where employees have a reasonable expectation of bodily privacy

Tennessee has no statute that bans workplace cameras by room, but placing cameras in these locations for a sexual or harassing purpose, or in a manner that captures unclothed intimate areas, can expose employers to criminal liability under Tennessee's voyeurism and unlawful photography statutes (Tenn. Code Ann. sections 39-13-605 and 39-13-607). A safety or loss-prevention purpose is not a defense in every case: under section 39-13-605(a)(1)(B), knowingly photographing someone who has a reasonable expectation of privacy, without consent, is an offense when the image includes their unclothed intimate area and the photographer knew it would, with no sexual or harassing purpose required.

Audio Surveillance by Employers

Employer audio recording is more restricted than video surveillance. Under the one-party consent rule, at least one party to any recorded conversation must consent. This means:

• An employer cannot install a hidden microphone in a conference room and record conversations without any participant's knowledge
• If an employer directs an employee to record a conversation the employee is participating in, the consent requirement is met
• Employers commonly monitor work phone lines, and Tennessee's wiretap law excludes business telephone equipment used in the ordinary course of business, which covers business-related monitoring but not every call

No Tennessee court has held that a notice that calls may be monitored, plus continued use of the phone, counts as consent. The safest practice for employers is clear advance notice and written consent, and employers should not record personal calls they have no business reason to monitor.

Computer and Electronic Monitoring

Tennessee employers can monitor company-owned computers, email systems, and electronic devices. This includes:

• Monitoring company email accounts
• Tracking web browsing on company networks
• Recording keystrokes on company computers
• Monitoring company-issued phones and devices

Monitoring personal devices and accounts, even when used at work, raises different legal concerns. Tennessee's consumer privacy law, the Tennessee Information Protection Act (TIPA), does not apply to data an employer collects about employees in the employment context. Limits on employer access to personal accounts come instead from federal law, such as the Stored Communications Act and the Wiretap Act, and from the employer's own policies.

The At-Will Employment Tension

Recording Is Legal, but Firing for Recording May Also Be Legal

This is the central tension in Tennessee workplace recording law. Tennessee is an at-will employment state, meaning employers can terminate employees for any reason that is not illegal, including violating a company no-recording policy.

Here is how this plays out:

1. An employee records a meeting with their supervisor (legal under state law)
2. The employer has a policy prohibiting workplace recording
3. The employer fires the employee for violating the policy (generally legal under at-will doctrine)
4. The recording itself remains legal and may still be admissible as evidence

The employee committed no crime by recording, but the employer committed no crime by firing them for it. This creates a practical tension that employees must weigh carefully before recording.

Exceptions to At-Will Termination

Tennessee recognizes several exceptions to at-will employment that may protect employees who are fired for recording:

Public policy exception: Tennessee courts have recognized that employers cannot fire employees for reasons that violate a clear public policy. If an employee records evidence of illegal activity, such as workplace safety violations or discrimination, and is fired for the recording, they may have a claim under the public policy exception.

Workers' compensation retaliation: Under Tenn. Code Ann. section 50-6-114, no agreement, rule, or other device can relieve an employer of its workers' compensation obligations, and Tennessee courts recognize a claim for firing an employee in retaliation for seeking workers' compensation benefits. A recording that documents a workplace injury or a conversation about the claim may be relevant evidence.

Whistleblower protection: The Tennessee Public Protection Act (Tenn. Code Ann. section 50-1-304) protects employees who refuse to participate in illegal activities or who report violations of law. Recording to document illegal conduct may fall under this protection.

Anti-discrimination laws: Federal laws including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act prohibit retaliation against employees who document discrimination. Recording evidence of discriminatory conduct may be protected activity.

National Labor Relations Act Protections

Section 7 Rights and Recording

The National Labor Relations Act (NLRA) protects employees' rights to engage in "concerted activity" for mutual aid or protection. The National Labor Relations Board (NLRB) has addressed employer recording policies in several important decisions, including Stericycle, Inc., 372 NLRB No. 113 (2023). Under Stericycle, a work rule such as a no-recording policy is presumed unlawful if it would reasonably tend to discourage employees from exercising their Section 7 rights, unless the employer shows it serves a legitimate and substantial business interest that a narrower rule could not. Stericycle remains the Board's standard for judging workplace rules, though the current Board has signaled it may revisit it.

The NLRA does not cover supervisors, independent contractors, agricultural and domestic workers, or government employees. There are also limits on protected recording: in a June 25, 2025 memo (GC 25-07), the NLRB's Acting General Counsel told regional offices to treat secretly recording collective-bargaining sessions as a per se unfair labor practice. That memo is enforcement guidance, not a Board decision.

Blanket No-Recording Policies

Under the Stericycle standard, overly broad no-recording policies can violate Section 7 when they would reasonably chill employees' exercise of protected rights. Examples of protected recording activity include:

• Documenting unsafe working conditions to share with coworkers or report to OSHA
• Recording evidence of wage theft or labor law violations
• Documenting union-related conversations
• Preserving evidence of unfair labor practices by the employer

Employer Policy Best Practices

To avoid NLRA issues, employers should:

• Narrowly tailor recording policies to legitimate business interests (protecting trade secrets, client confidentiality, patient privacy)
• Avoid blanket prohibitions that could be read to restrict protected concerted activity
• Clearly state the business justification for any recording restrictions
• Apply recording policies consistently and without discriminatory intent

Specific Workplace Recording Scenarios

Recording HR Meetings and Disciplinary Hearings

Employees can record HR meetings, write-ups, and disciplinary proceedings in Tennessee. This is one of the most common reasons employees record at work. Considerations include:

• The recording is legal under state law without notifying HR
• The recording can serve as evidence in wrongful termination or discrimination claims
• HR may ask you to stop recording; you are not legally required to comply, but refusing could escalate the situation
• If your employer has a no-recording policy, you face the at-will employment risk discussed above

Recording Job Interviews

Job applicants in Tennessee can record their interviews under the one-party consent law. This can help document promises made about salary, benefits, or job duties. However, if the employer discovers the recording, it could affect the hiring decision.

Remote Work and Virtual Meetings

Tennessee employees working remotely can record virtual meetings they participate in on platforms like Zoom, Microsoft Teams, and Google Meet. The one-party consent rule applies to electronic communications. However, if other meeting participants are located in all-party consent states, those states' rules may apply; courts have not settled which state's law governs a call across state lines.

Recording Conversations About Workplace Safety

Employees who record conversations about safety hazards may have additional protections under OSHA whistleblower provisions. Recording evidence of unsafe conditions, inadequate safety training, or employer retaliation for safety complaints may qualify as protected activity under both the NLRA and OSHA regulations.

Using Workplace Recordings as Evidence

Employment Litigation

Workplace recordings made in compliance with Tennessee's one-party consent law are generally admissible in employment litigation. These recordings have been used in cases involving:

• Wrongful termination claims
• Sexual harassment and hostile work environment cases
• Wage and hour disputes
• Workers' compensation claims
• Discrimination and retaliation cases
• Breach of employment contract claims

Tennessee Rules of Evidence

Under the Tennessee Rules of Evidence, recordings must be authenticated and relevant to be admissible, and illegally intercepted audio is excluded from any Tennessee proceeding (Tenn. Code Ann. section 40-6-307). The party offering the recording must establish a proper foundation, including identifying the speakers and confirming the recording has not been altered.

EEOC and Administrative Proceedings

Recordings can also be submitted as evidence in proceedings before the Equal Employment Opportunity Commission (EEOC) and the Tennessee Human Rights Commission. Administrative proceedings often have more relaxed evidentiary standards than courts, making recordings particularly useful in these forums.

Penalties for Illegal Workplace Recording

Criminal Consequences

Illegal recording in the workplace carries the same penalties as any other violation of Tenn. Code Ann. section 39-13-601:

Civil Liability

Tennessee repealed the civil cause of action for illegal interception, formerly codified at Tenn. Code Ann. section 39-13-603, effective May 28, 2024 under 2024 Tenn. Pub. Ch. 1045 (SB 2221), section 3. Victims can no longer sue for statutory or punitive damages under that Tennessee statute. Federal law still provides a civil remedy: under 18 U.S.C. section 2520, a victim of a federal Wiretap Act violation can sue, and a court may award the greater of actual damages or statutory damages of $100 a day or $10,000, plus punitive damages in appropriate cases and attorney's fees. Illegal interception remains a Class D felony under sections 39-13-601 and 39-13-602.

Tennessee ELVIS Act and AI-Generated Content in the Workplace

The Ensuring Likeness Voice and Image Security (ELVIS) Act (T.C.A. § 47-25-1101 et seq.), Public Chapter 588 of 2024, effective July 1, 2024, made Tennessee the first state in the nation to extend right-of-publicity protection to a person's voice against unauthorized AI imitation. In the workplace context, this means:

• Using an employee's name, photograph, voice, or likeness in advertising or fundraising without consent creates civil liability
• Publishing or making available to the public an AI clone of an employee's voice or likeness, knowing it was not authorized, creates civil liability
• Distributing a tool whose primary purpose is producing a particular person's voice or likeness without authorization creates civil liability
• Remedies include injunctions, actual damages, and the violator's profits; the Act does not provide punitive damages

The ELVIS Act does not regulate ordinary recording or transcription of meetings, including with AI tools. That is governed by Tennessee's one-party consent rule in T.C.A. § 39-13-601.

Tennessee Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

Back to Tennessee Recording Laws

More Tennessee Recording Topics

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• Surveillance Camera Laws

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Frequently Asked Questions

Can I record a conversation with my boss in Tennessee?

Yes. Tennessee is a one-party consent state, so you can legally record any conversation you participate in at work, including meetings with your supervisor, without notifying them. However, if your employer has a no-recording policy, you could face disciplinary action or termination.

Can my employer install cameras in the workplace in Tennessee?

Yes, in common work areas such as offices, retail floors, hallways, and parking lots. Employers should keep cameras out of restrooms, locker rooms, changing rooms, and other areas where employees have a reasonable expectation of bodily privacy, because footage there can lead to felony unlawful photography charges and privacy lawsuits.

Can I be fired for recording at work in Tennessee?

Potentially yes. While the recording is legal under state law, Tennessee is an at-will employment state. Your employer can fire you for violating a company no-recording policy. Exceptions may apply if you recorded evidence of illegal activity or discrimination, as various federal and state whistleblower protections may apply.

Can my employer record my phone calls at work?

Often, yes. Tennessee's wiretap law excludes business telephone equipment used in the ordinary course of business, and a recording is lawful if a party to the call consents. No Tennessee court has held that a notice that calls may be monitored, plus continued use, is consent, so employers should give clear notice and get written consent. Recording calls with no participant's consent and no business purpose can be a felony.

Are workplace recordings admissible in court in Tennessee?

Yes. Recordings made in compliance with Tennessee's one-party consent law are generally admissible in employment litigation, EEOC proceedings, and other legal forums. The recording must be authenticated and relevant to the issues in the case.