Disabled Employee and lawyers

dchr9203

I've recently received a request for employment information for an employee who is disabled. The request came from a court appointed conservator (also an attorney) of the employee's estate, and is asking for any and all information regarding employment, disability payments, life insurance, and retirement. This employee also has a court appointed Guardian (the mother) who is designated payee for disability benefits, SSI or other income for payment of the employee's medical and other day-to-day expenses. Have any of you experienced this situation before and how much info did you provide? The employee has been moved to another state where the family can provide care, yet estate and belongings are in Alabama. Its been a struggle for them trying to tend to the business matters long distance. The family is not well educated, financially not able to retain legal assistance on their own behalf, and I would hate to see them get screwed. On the other had, I don't want to be a barrier to getting her estate settled, etc. The mother is aware of the request for information, but is concerned that the conservator has asked that disability payments be directed to his office. HELP!

marc

My usual approach to employee information is to only provide it if the EE, or in this case, legal guardian, has authorized the release of specific information. Seems to me you do not have this release.

I will also provide the information if it is subpoenad, but then I get our lawyer involved. Finally if social security or the IRS, or other agency can require me to provide information as a matter of law, I will also comply.

I am not this falls under any of these situations, so I would tread carefully. I might even pay a few dollars to discuss with my attorney.

mwild31

I'm confused dchr - is the employee still in the land of the living? The employee has an "estate" with an attorney & a legal guardian?

dchr9203

Living but severly incapacitated.

Don D

This is not one you should handle alone or solely on advice you find on the Forum. This is clearly a legal matter, which, in my opinion, clearly indicates the need for your company to have legal counsel. Ask for the request in the form of a subpoena. Otherwise ignore it. Then forward or fax the subpoena to your company attorney and let them decide your course of action. There is no glory and much potential pain in us trying to figure out this kind of stuff on our own. Not a soul on this Forum, who is a functioning HR professional, graduated from law school and you are asking for legal advice.