Employment Law

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My emplyer is telling me i cannot talk to an old employee…

Customer Question
My emplyer is telling...

My emplyer is telling me i cannot talk to an old employee the obe who hired me origibally about my personal harrasment issues ive been exoeriencing at work

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ca

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Submitted: 5 months ago.Category: Employment Law
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Answered in 1 minute by:
11/16/2017
Employment Lawyer: Roy Hadavi,
 replied 5 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,227
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Please give me a moment while I formulate a response.

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Customer reply replied 5 months ago
Are you there?
Employment Lawyer: Roy Hadavi,
 replied 5 months ago

Yes, typing now.

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Employment Lawyer: Roy Hadavi,
 replied 5 months ago

Answer: Your employer cannot prevent you from communicating with a former employee, especially regarding an issue of harassment. Although, (as you are aware) California is an at-will employment state, which means that your employer can normally terminate your employment for this type of situation. Since the matter involves a harassment claim, any negative action that your employer takes against you (reducing benefits, reducing hours, discouraging comments regarding this matter and/or terminating your employment), would open your employer to a retaliation claim.

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Customer reply replied 5 months ago
Even if they have a document signed thst you will mot discuss issues eith past employers . Is that legal
Employment Lawyer: Roy Hadavi,
 replied 5 months ago

Such a document is not legal when it comes to these types of matters. An employer cannot prevent you from discussing a matter such as this. The only exception is if either you or the former employee have signed a Settlement Agreement (regarding a prior harassment issue) that included a confidentiality clause.

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Customer reply replied 5 months ago
Thank you.
Employment Lawyer: Roy Hadavi,
 replied 5 months ago

You're very welcome.

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Satisfied Customers: 1,227
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