Guides

Can I record my boss? Washington's two-party consent rule

One of the most common questions whistleblowers ask is whether they can record a conversation with a manager or HR. In Washington, the default answer is no — and the consequences for getting it wrong can be serious.

The basic rule: RCW 9.73.030

Washington's Privacy Act, RCW 9.73.030, prohibits recording any "private communication" without the consent of all parties. The statute applies to both audio recordings of conversations and to private telephone communications. Violations can carry criminal penalties and create civil liability, and unlawfully recorded material is generally inadmissible.

What counts as "private"

Whether a communication is "private" depends on the circumstances — the location, the subject matter, the relationship of the parties, and whether the speakers had a reasonable expectation of privacy. A one-on-one closed-door meeting with HR is almost certainly private. A statement shouted across an open warehouse may not be.

The narrow exceptions

The statute contains limited exceptions, including for certain threats and emergency communications. None of them is a general "I'm a whistleblower" exception. Do not rely on exceptions without specific legal advice on your facts.

What to do instead

Take dated, contemporaneous notes. Note who was present, what was said, and when the conversation occurred. If your employer requires you to attend a meeting, you can ask whether the meeting will be recorded — and if so, ask for a copy. You may also memorialize what was said in a follow-up email ("As we discussed today…").

Federal-law conversations are different

Federal wiretap law is one-party consent, but Washington law generally controls when the recording occurs in Washington. The stricter rule applies.

Practical next step

If you are considering recording a workplace conversation, talk to counsel first. See the Contact page, and the guide to preserving evidence for safer alternatives.

This article is general legal information, not legal advice.

Recent Washington whistleblower cases: how to follow them

Whistleblower law moves quickly. Decisions from Washington trial and appellate courts, federal agencies, and federal courts applying federal whistleblower statutes shape what is possible in any given case. This page introduces the categories of decisions we track and explains why each one matters. Washington appellate decisions Decisions from the Washington

What evidence to preserve in a Washington whistleblower case

What you preserve in the first days and weeks of a whistleblower matter often determines what is possible later. This guide explains what to keep, what not to take, and how to store records safely. The principle: preserve, do not exfiltrate Save things you are already lawfully entitled to access.

Severance agreements: what Washington whistleblowers should know before signing

If you have raised concerns at work and your employer is now offering a severance agreement, treat it as one of the most important documents you will ever sign. This guide explains what these agreements typically do, what you may be giving up, and what to look for before signing.

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