Is it legal to use a voice activated tape recorder at work to tape a rude co-worker?

every state has their own version of wiretapping and surveillance statutes. In some states, as long as one party is aware they are being taped, then it is legal. In others, both parties must be informed.

I suppose you COULD tape the ambient noise in your own cubicle, and if his sounds just HAPPENED to flow over where they might be picked up on your recorder, it might make a case for them moving you (perhaps to the basement, don’t forget your stapler!)