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Can a manager at a company ask his secretary to call employees and gather information about co-workers for their performance reviews?

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Can a manager at a company ask his secretary to call employees and gather information about co-workers for their performance reviews?

The manager has had his secretary call around to several employees asking how

so-and-so is as a worker and partner. Shouldn’t employees evals be confidential, not only from other employees, but also the secretary?

Asked on April 6, 2016 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Employees have no legal right to privacy regarding performance reviews. Accordingly, while unprofessional, this action was not illegal. The fact is that in "at will" employment relationships, a company can set the conditons of the workplace much as it sees fit. This includes who conducts information gathering for such reviews. Therefore, unless this action violated company policy, the terms of an employment contract or union agreement or in some way constituted actionable discrimination, you have no claim.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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