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National Law Review
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.

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

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