Mail Fraud...again

ritaanz

A while back I posted about an ex-employee sending magazine subscriptions, requests for samples, pornographic pictures, etc. to 2 of our employees, a Unit Manager and one of his direct reports. Well, the trial is coming up and the ex-employee came to see me and asked for my help. He showed me a copy of a letter written "To whom it may Concern" on company letterhead by the Unit Manager outlining the hours and loss pay his report lost due to this problem. (Going to post offices, returning mechandise, police reports, etc). The ex-employee wanted me to check the info to see if it was accurate. When I refused, and explained to him why, he told me this letter was part of the evidence that will be presented at the trial. He told me his lawyer will request payroll records, time cards, whatever.

We have a company policy regarding telephone calls and correspondence, prohibiting the release of personal information or references by anyone other than HR. In this case the employee asked his manager for the letter and he obliged. We feel that this type of information should come from HR only.

Anyone out there have any comments or opinions on this one? Do you have a written policy or statement that covers situations similar to this?

Don D

Sounds like the anxious manager got ahead of himself on this one. We have a policy requiring that only HR issue press releases, respond to charges or subpoenas, give employment verifications or respond to other requests on letterhead. I think you were right to not comply. He generated a memo and then asked 'the one who knows' to verify the accuracy of his claims in the memo. Rather backwards. Let the subpoena process roll itself out. I would provide him with nothing other than the rebuke you already gave him. His agenda seems to be a personal one. x:-)

jimlegal

Agree with Don, let the subpeona process do the job. You surely do not want to take any action that may be misconstrued. Good luck!

San Francisco

[font size="1" color="#FF0000"]LAST EDITED ON 04-01-03 AT 12:23PM (CST)[/font][p]
Rita, just to clarify - I read your post to say that the Unit Manager gave the ex-employee the letter regarding wages lost by his direct report because of the information that ex-employee was sending to his direct report??? If that is the case, then the problem appears to be with the Unit Manager who violated your company policy and he would be subject to the consequences of that violation. The ex-employee should not have been privy to that information, but since he now has it, let his attorney subpoena for the records that will prove the given information.

Our company does not have a policy, but our managers are almost paranoid about giving out information to anyone and will call HR for advise before doing so. We have had a couple of incidents whereby the store manager gave out a reference rather than refer to HR and received verbal warnings for that particular infraction. I would consider the actions of your Unit Manager more serious.

Elizabeth

ritaanz

To Clarify: The Manager, John, and the employee, Mike, were both receiving unsolicited mail. Ex-employee, Fred, was the guilty party. Mike asked John for a letter listing his loss hours and wages, which John gave him. Fred came in to see me and showed me a copy of the letter. He obtained it from the police files. Fred wanted me to check the accuracy of the info.

I hope this makes it a little bit clearer.

Zanne

Rita:

Clear as mud.

I agree with letting the legal process take care of it.

What a pain.

Zanne

ritaanz

Thanks, folks, for your comments. The execs have decided that I should hold a short meeting for all Unit Managers and Department Heads to inform them that the release of any information on our employees MUST be approved by Human Resources. I will also be updating our "Personnel Records and Privacy" policy.