• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

does my supervisor have the right to prevent me from giving references for old co-wor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



california: does my supervisor have the right to prevent me from giving references for old co-workers over the phone?

i recently gave a good reference for a old co-worker/friend who had been fired from my company. she had left on bad terms but i felt she was a good worker. my supervisor overheard this phone call (the reference) and told me that i shouldn't give references. i wasn't speaking for the company and only answered questions that related to my experience with her as a co-worker. does my company have any legal right to demand my silence in such a way?


D. D. Lessenberry

Tell your friend to give your home number and have prospective employers call after the hour you get home.

Most employers can refuse to allow ANY non-business-related phone calls on company time, remember.



Yes, for several reasons and I will name a few. There is a significant difference in Personal Reference and Employment Reference. In the matter of personal one can infer that it relates to private conduct, character, or an individual directly. In the matter of Employment References one has to be very careful regarding the Privacy Act when issuing information on work activity, work performance, evaluations, and any disciplinary or adverse action whether oral or written in personnel records. If it's a personal reference just have her to contact you at home as Mr. Lessenberry stated to avoid any confusion and liability.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential