Can I tape record my boss; proving she is lieing to our director and getting me in trouble with him, which I did and now she wants a copy of the tape.
I recently played a tape recorded conversation I taped of my boss and me on the phone for our Director in which I exposed her lieing to him about things she said I had said. In doing so I revealed her evil plot and took whatever credibility she had. Finally a win for me and a shocking revelation to her long time backer, our Director. He is a wise and savvy elder of the ways of business management and only knows to trust those he has placed in supervisory roles. She now wants a copy and I am concerned if I should give this shrewd woman a copy. What say you. Have I broke MO. law? Give her copy?
Missouri is a "one party rule" state for recording wire communications, meaning that only one party has to consent for taping a conversation. You must be a party to the conversation, or have consent of the parties to the conversation, to record and disclose the communication to others, unless the person intercepting the communication is going to commit a crime or tortious act. There are civil penalties for breaking the law in that civil lawsuits are permitted for its violation.
I do not believe that you have broken the law. I would though, consult with an attorney as soon as you can as to this matter. You have an employment issue against your boss and the tapes are your evidence. I would not turn them over just yet and until you know that they can not be tampered with.
Since I believe that MO is a one-party consent state (so if one of the people on a phone agrees to record it, they can--even if the others are unaware of or don't agree to the taping), assuming that you were one of the parties to the phone conversation, you could legally tape it.
Issues to consider:
1) As MTG points out, the tape is your evidence. Not only should you not let it out of your possession w/out making at least one (preferably several!) back-up copies, but why turn it over to someone who works with a party w/whom you may find yourself litigating? Even if the company/your boss doesn't tamper with the tape, you will be providing them warning and time to get ready, prepare any stories or other evidence, etc.
2) Defamation is the false statement to a third party of a material (or important) fact that puts someone else in a bad light. If you made any factual assertions on the tape that may be difficult to prove and which are negative about your boss, by sharing the tape with another person, you are making it public and could be committing defamation.
You should have the tape, your situation, and any other documentation or evidence reviewed by an attorney to see both what your options are and if there is any potential liability you may be in store for.