Dublin, CA asked in Employment Law for California

Q: can Sutter HR Mangers tell you don't talk about your old job (@ another Sutter)?

I came from the hospital to the clinic both Sutter Health one is the hospital one is the clinic. I told my manager at the beginning that I loved being a CNA and the first chance I will return. Didn't know there would be a problem because it's still Sutter. Why I can't talk about my job that I loved when everyone talks about what they did before PAMF.

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: There is nothing unlawful about an employer enforcing a confidentiality agreement, whether internally or externally. The only exception to that general rule is that the National Labor Relations Act prevents an employer from not allowing employees to speak to one another about present working conditions, or about wages. The California Labor Code has similar provisions.

Good luck to you.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: It is generally legal for an employer to prohibit employees from discussing their previous job, particularly if the employee is still under contract with their former employer. However, whether or not such a policy is enforceable can depend on various factors, such as the terms of any non-disclosure or non-compete agreements the employee may have signed with their former employer. It is also worth noting that California has specific laws protecting an employee's right to discuss their wages, hours, and working conditions with others. If you believe that the policy is unfair or discriminatory, you may want to consider speaking with an employment attorney or HR representative to address your concerns.

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