ex-employee requests handbook

cluckok

Should I give a former employee a copy of our handbook? This employee was terminated about a month ago and we fought his unemployement and lost. He is now requesting his personnel records and our handbook.
Thanks in advance for the help.

cebudragonlady

When this ex-employee was hired, did he/she sign that a copy was provided to him/her at that time?
If the employee did recceive a copy, and subsequently lost it - but did not tell you until after termination...In my honest opinion, that is too bad for him/her.

Chari

cluckok

When he was terminated he returned his copy to us. We think he wants one back to use it against us in a lawsuit.

hrbanker

What does your policy say? Ours is very specific in that the employee must request a time to come in and review their personnel file, at which time they can request copies of documents from the file. As for the handbook, ours is bank property and we do not give copies to anyone not employed with us (without a subpoena). Employees turn in the handbook in the exit interview.

It's always best to follow your written procedures.

cluckok

Our policy is that their personnel file must be subpoenaed if they are no longer an employee with us. We don' t have a clear policy on the handbook being given to anyone that is not employeed.

ray a

Our policy doesn't specifically address not to give the manual to non ee's, but it is Titled EMPLOYEE MANUAL. It is meant for complany employees, people currently employed by the company. I see no obligation to give it to a non-employee. And this individual is a non-employee. This argument would work if you are consistent. If you routinely give to non-ee's, then you may have a hard time. If you have never given one in the past to a non-ee, don't start. If they are pursuing legal action why help them in their cause if you have no legal obligation to do so?

Rockie

Employee manuals, like personnel files in most states, are the property of the employer. There is no reason for the ex-employee to have an employee manual except in the matter of litigation. If they have an attorney, the attorney will subpoena the appropriate documents he or she wishes to see.

Don't make it too easy for them to sue you.

JM in ATL

Agreed. I would inform this ex-ee that handbooks are company property and that you do not provide them to people who do not work for the company.

YOu many come across as being difficult, but if you termed him and he lost his unemployment case then you have had a sufficient reason to let him go.

I too wouldn't give it to someone who didn't work for the company.

marc

I agree with others about the handbook. The only thing to add is to check if your policy manual conforms to state laws about the personnel files. You state DOL should be able to answer this question. In our state, you must allow them to inspect the files and give them copies (for a reasonable price) of any documents they request. So the subpoena thing would not fly in Nevada, maybe it does in OK.

If your policy conforms, stick with it. If he has to start spending money to sue you, he might reconsider.

SOONERLAW

I generally advise my clients not to provide copies of corporate documents to disgruntled former employees. I do not believe under Oklahoma law you have the duty to do so. However, you should also consider that the former employee is trying to retain counsel to sue your company. If so, the lawyer is probably wondering whether your handbook has an "employment at will" disclosure statement. Under Oklahoma law, your employee is probably an "at will" employee but under certain circumstances a handbook's language can negate that presumption. If you refuse to give the employee the handbook, the lawyer will only find out by suing your company to gain access to the same. If you provide it voluntarily, you may head off a lawsuit if the lawyer has confirmed the potential client is an "at will" employee. I still lean to not provide it voluntarily, but there is a downside in not doing so.

Don D

Under no circumstances would I provide anyone other than a current employee with a copy of our handbook. There is no condition, short of subpoena, in which I would. If an attorney wants to see the handbook, let him go to the trouble of having a copy subpoenaed. As Rockie said, don't make suing you easier for a lazy attorney. If you were to provide the personnel file and handbook upon request, the attorney would only roll back in his black chair and rub his chin and wonder, "Hmmm, let's see what else they will give us based on a simple request". I wouldn't go through any special gyrations in denying the request. I'd simply say, "Copies of the handbook are available only to current employees." But, basic rule number one is as soon as an ex-employee suggests or threatens an action, that draws the line in the sand. If you have counsel, tell him to have his attorney contact yours.

LeeR

Don is dead on center with this one. This person is no longer an employee and isn't entitled to a handbook.