Supervisor discussing work performance Started by sihowell , Mar 03 2014 06:52 AM Please log in to reply 4 replies to this topic 1 posts Posted 03 March 2014 - 06:52 AM I recently learned that my supervisor had been discussing my work performance with my in-laws and has even sent word for my husband to contact her to discuss my work performance. Is this legal and what are my rights as far as privacy? Posted 03 March 2014 - 08:32 AM Almost certainly completely legal, but it obviously depends on the laws of your unidentified state. 2,874 posts Posted 03 March 2014 - 09:42 AM I recently learned that my supervisor had been discussing my work performance with my in-laws and has even sent word for my husband to contact her to discuss my work performance. Is this legal and what are my rights as far as privacy?
As for your rights to privacy, in this case, your rights go about as far as your ability to stand up to your supervisor and put a stop to it.
Apparently, your supervisor has close ties to your husband and his family, otherwise this wouldn't likely be happening.
Might be time to seek employment elsewhere if you aren't capable of facing down your supervisor. Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk. 58,617 posts Posted 03 March 2014 - 10:02 AM Horribly unprofessional -- unless the supervisor is worried about your state of mind/health in general and wanting to seek out information that would help him/her understand X -- but I can't fathom a state with a law against it. You don't say what you've said to your supervisor, but if (s)he doesn't have a damn good explanation for it and an apology, I'd be advising her superiors that this sort of behavior is horrible for morale generally. (It's as ridiculous as parents or relatives who call a supervisor to complain about supposed poor treatment of a family member.) I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 16,694 posts Posted 03 March 2014 - 01:15 PM I recently learned that my supervisor had been discussing my work performance with my in-laws and has even sent word for my husband to contact her to discuss my work performance. Is this legal and what are my rights as far as privacy?
The details matter. Are you employed by a government agency or a private employer? If it is a government agency, which one? In what state do you work? Are you a member of a union with a contract with the employer? If so, does the contract cover this?
In most states, there is no law that prohibits a private employer from discussing the job performance of any employee with anyone. In those states, the employer could put the details on a huge billboard on the interstate highway and it would be perfectly legal.
Bear in mind that under the U.S. legal system, everything is legal unless there is some law prohibiting it. Most information held by private persons is not more.. confidential under the law because there is no law prohibiting the disclosure of that information. There are statutes that protect some information held by private persons confidential, e.g. federal law provides that financial institutions must keep the information about their clients confidential with certain exceptions and federal law provides that most medical professionals must keep patient information confidential. But the privacy laws are not nearly as extensive as it seems many Americans believe them to be. No federal law says that private employers must keep employee performance information confidential, and few states have any such law either. Government employees often have greater protection in this regard, as the federal and state government privacy acts that restrict disclosure of information about citizens by the government may also apply to the information the government has regarding its employees. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229583-supervisor-discussing-work-performance/