release of medical files

WBartlett

An ex-employee's attorney has made a records request for the employee's personnel files (release of info included). We are a public employer. We keep medical information separate. I am struggling with whether or not the medical information should also be included. Unfortunately, our county policy offers no guidance (neither does state law other than worker's comp forms). THings like mandatory EAP referral letters and fitness for duty psych reports are filed in the medical file.

Suggestions?

Parabeagle

Personally, I would only release those documents asked for in the subpoena. If they ask for "personnel records," send them just the personnel records. If they're looking for medical records, make them specifically subpoena those records (and get a specific, additional release from the former employee for those records). Always better to err on the side of caution.

Hope this helps.

LindaS

I agree, although we are not a public employer. In my experience regarding the request for personnel information, the attorney has ALWAYS specified medical information if they want that in addition to the rest of the personnel information and the release that was signed by the employee/former employee specified that as well. I would provide the personnel records and if they want the medical information, require a separate request and signed release form.

Balloonman

When dealing with an attorney NEVER give them more than they are asking for. It is not up to you to help them. This is a good example of why you should keep these types of files seperate. Make them specifically request everything they want. If they forget to ask for something, that is their problem.
My $0.02 worth.
DJ The Balloonman