If Boss Told You so, Calls May Be Monitored

Q: Can an employer to eavesdrop on an employee’s phone calls and then terminate that employee based on what the employer heard?

--H.A., Los Angeles

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A: It depends on whether the employer previously advised employees that calls may be monitored. Although California law generally prohibits eavesdropping on phone conversations, an employer may lawfully monitor phone conversations after advising employees (and outside callers) in advance that calls may be monitored.

If such an advisory is given, the employer may lawfully terminate an employee based on information gathered from monitoring a call.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Suspension Period OK Before Termination

Q: My 16-year-old son was working part-time as an usher at a multiplex and allowed a friend to enter without paying. He was suspended by one manager and told to speak with another manager who was not available for nearly two weeks. Seventeen days after the incident, my son was terminated without discussion. The decision to make him wait more than two weeks gave him hope that he would be reinstated while also delaying his search for other employment.

Is it legal to make him wait this long? --D.E., Northridge

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A: There is no law to prevent your son’s employer from suspending him for a period of time prior to terminating him.

An employer often will suspend an employee who is suspected of wrongdoing pending an investigation. These suspensions may be with or without pay, and may be of any length, depending on the arrangement the employer wishes to make with its employees.

Of course, such an arrangement must be enforced consistently and in such a manner that it does not discriminate against employees in a protected class such as race, sex, age, national origin, ancestry, sexual orientation, physical or mental disability, medical condition, marital status or religion.

In the situation you describe, your son apparently would have no legal recourse unless the employer has an established practice or some written document specifying that it may only suspend employees for shorter periods of time.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

Short-Timer Faces Few Repercussions

Q: When an employee gives notice at our company that he is resigning, he is required to fill out a form that asks the name of the new employer and his new salary. Can the employee refuse to provide that information?

--L.S., Yorba Linda

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A: An employer can do very little to an employee who already has resigned. The worst thing that can happen if the employee refuses to provide the requested information is that the employee will be terminated immediately. This would be a problem for the employee only if he or she has given lengthy notice and has refused to provide the information well in advance of his or her last day of work.

--Deborah C. Saxe

Employment law attorney

Heller Ehrman White & McAuliffe

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.