Legal Question in Employment Law in California
Character of Reference Letter - Written on County Letterhead
An co-worker was arrested on a personel matter and asked me to write a Character of Reference Letter on her behalf to help assemble information that may be used in preparing her defense.
I am in a management position within County Government and I wrote the letter on County Letterhead. Her court case has since be heard and the charges were dismissed.
The Department Head has a copy of the letter I wrote, and told me that he had told all management personnel in this office that they are not to write a Character of Reference Letter for this Employee, as he wanted her to be convicted and then he could fire her. He did admitt that he forgot to tell me not to write a letter.
The Department Head now would like to enact a disciplinary action on me for writing this letter on County Letterhead. He told me that I should get a attorney as he felt that I had no legal right to write the letter using Letterhead, and that he would enact the maximum disciplinary action he could.
Is there a Law that states when Letterhead can and can not be used? Should I get an attorney? If so, what type?
1 Answer from Attorneys
Re: Character of Reference Letter - Written on County Letterhead
Since your boss is threatening you with serious disciplinary action, you should consult an employment attorney in your area. There is no statutory law regarding use of your employer's letterhead, but there may be local rules that apply. A proper evaluation of your situation requires a review of several factors, including the practice in your office, whether you had prior notice of the rule, and what recourse you have under the County's rules for appealing adverse actions against you.
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