National Law Review
6/30/2026

The original title is a question about whether HR investigations should be recorded, discussing privilege risks with Teams and Zoom.
Original: Should HR Investigations Be Recorded? Privilege Risks in the Age of Teams and Zoom
Short summary
Recording HR investigations via Teams/Zoom creates discoverable evidence that substantially weakens attorney-client privilege protections and increases litigation risk. When employers rely on investigations to defend employment decisions, courts typically mandate disclosure of witness statements and factual records. Best practice: avoid recording interviews and instead have counsel prepare privileged summaries that separate factual recitation from legal analysis.
- •Recording interviews via Teams/Zoom undermines attorney-client privilege and makes materials discoverable
- •Courts require disclosure of investigation facts when used to defend employment decisions
- •Recommended practice: avoid recording; use counsel-directed written summaries instead
Generated with AI, which can make mistakes.
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