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Request for personnel file
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How do you typically respond to an attorney request for a former employee's personnel file? Does it make a difference if you suspect there is legal action brewing? Some clarification: This
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Request for personnel file
posted at 5/2/2013 6:20 PM EDT
on Workforce Management
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Posts: 16
First: 1/20/2012 Last: 5/2/2013 |
How do you typically respond to an attorney request for a former employee's personnel file? Does it make a difference if you suspect there is legal action brewing? Some clarification: This is a request with release signed by the former employee-no subpoena; State law does not give right to employees to have personnel file; Company policy allows current employees to review personnel files at the company and request copies of selected docuemnts-no mention of former employees. |
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Re: Request for personnel file
posted at 5/2/2013 9:23 PM EDT
on Workforce Management
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Posts: 222
First: 9/29/2011 Last: 5/15/2013 |
Not sure how you could only "suspect" that there's legal action brewing. If this request came from an attorney, it's practically guaranteed that there's legal action brewing. A request from an attorney such as this is a fishing expedition to see what items in the file could be cause for action/s. Do not under any circumstances allow this. Make the attorney produce a subpoena. It'll cost the attorney and employee some money to do so. You'll get a good idea of just how serious this might if they actually get a subpoena. But don't give them a free look at the employee's file. Make them work for it.
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Re: Request for personnel file
posted at 5/4/2013 9:42 AM EDT
on Workforce Management
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Posts: 216
First: 9/20/2011 Last: 5/15/2013 |
In Response to Request for personnel file: How do you typically respond to an attorney request for a former employee's personnel file? Does it make a difference if you suspect there is legal action brewing? Some clarification: This is a request with release signed by the former employee-no subpoena; State law does not give right to employees to have personnel file; Company policy allows current employees to review personnel files at the company and request copies of selected docuemnts-no mention of former employees. Posted by hr* It may be obvious but take this period of time to review and scrub the file for materials that should not be an HR file. For example, payroll information, medical/benefits information, I-9 info, immigration info, EEO/AAP data. And of course make sure your legal department is involved whenever you are contacted by an attorney, no matter what the reason.............. |
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