The U.S. Department of Justice only prosecutes the strongest whistleblower cases under the False Claims Act and other federal whistleblower laws. As we all know, with the advent of the smartphone, almost everyone has an audio recorder at their fingertips at all times. Audio recordings often make up the most reliable evidence in any case, especially when a person involved in an illegal act admits to the conduct in question on tape. Clients here in Mississippi often ask me whether they can make secret recordings in the workplace to bolster their case. The second question is whether they should make those tapes. This is almost always a difficult discussion and decision, and there is no one answer for every potential whistleblower case. Because these questions come up so often, I have written the following blog post as an overview.
Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others. Contact Barrett Law now at (800) 707-9577 to attain the advice you need.
Can I Secretly Tape in My Workplace in Mississippi?
Under Mississippi law, it legal to secretly tape a conversation as long as one party to the discussion is aware of the taping. In layperson’s terms, that means you can tape a conversation that you are present for but cannot “bug” a room or vehicle where a conversation will occur outside your presence. The rules around taping conversations vary from state to state, and the above is limited to Mississippi. In a nutshell, yes, you can tape some conversations at work. But should you?
Should I Secretly Tape in My Workplace in Mississippi?
As we all know in life, just because you can do something does not mean that you should. While we all fantasize about recording our employer making a “smoking gun” statement about some fraud against the U.S. government, it is rarely that simple. First, most fraud against the government is committed by a group of people playing separate, discrete rolls. It is unlikely that you will be able to tape statements made by a mastermind or Bond-villain disclosing the blueprint for the fraud. Second, eliciting admissions is more complicated than it seems, and you may tip off your employer that you are thinking of becoming a whistleblower. If you tip them off, you may just be providing them with an opportunity to cover up the fraud and destroy relevant documents. Many people who are committing fraud are at least passively on the lookout for anyone trying to uncover their behavior. Finally, you may also make lots of tapes that do not support your case. Eventually, these statements will also be evidence in any whistleblower case and may weaken your position. Accordingly, there may be cases and times when recording makes a lot of sense, but the decision to tape should be made in coordination with an experienced whistleblower attorney who can provide you with advice about how to move forward in a way that best serves your interests.
What Should You Do if You are Considering Making a Whistleblower Claim?
Are you considering filing a whistleblower case? It is foolhardy to start making tapes in hopes of catching your employer making “smoking gun” admissions without first speaking with an experienced whistleblower attorney. The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.
