Is it legal for your boss to meet with other employees about you without you being present?

UPDATED: Sep 30, 2022

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Is it legal for your boss to meet with other employees about you without you being present?

I just recently took over a director position and 2 of the staff under me had a problem with how I ran an event this past weekend. They had scheduled a meeting with our employer about it and she wants to have the 3 of them meet; however 1 of the staff who had the initial problem came to me to discuss what she saw and we resolved the issue. The other staff member still wants to push the issue and our employer wants to keep the meeting secret and meet with both of them at the same time to discuss me. I feel as if this is an unprofessional way to conduct a meeting as there will not be anyone there to represent my side. Is this legal within the workplace or should it be handled one on one or with me present?

Asked on November 1, 2016 under Employment Labor Law, Idaho


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

Answered 6 years ago | Contributor

Does this action violate the terms of an employment contract or union agreement? Does it in some way constitute a form of legally actionable discrimination? If not , then you have no legal recourse in this matter. The fact is that a company can set the conditions of employment much as it sees fit. This includes who to meet with, when and why. At this point, check you company policy to see if such a meeting is allowed. If so, then you really have no other options here.

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 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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