What are my rights/obligations regarding discussing my former staff with my replacement?

I received an email this morning of the manager that replaced me and she asked if she can call me to talk about something there at my previous employment but it is confidential. My assumptions are that she is having trouble with my former staff. Am I able to discuss things with her about my former staff or is my staff protected by some law so I need to not say anything? I do not know what she wants to talk about but I want to be prepared.

Asked on April 24, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are allowed to talk about your former staff, except if there is some confidentiality agreement covering a staff member which prohibits you from doing this. You are under no obligation to discuss them, however, and you may wish to not discuss them, or at least be *very* careful in what you say--should you say anything which is a factual statement or assertion about a person but which is not 100% true (e.g. without any bad intentions, you misremembered something and said an employer had caused some problem when it was someone else who did) and that statement causes problems for an employee, you could potentally be sued for defamation by that person.

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