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Attorney's Request

maryfmurraymaryfmurray 75 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I received a letter from an attorney asking for information on an employee that was out on WC. They are looking for a complete copy of the personnel file, payroll records and WC file, how much of this information should I be sending this attorney? The employee signed a release for the attorney to request all this information.


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Mary
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Comments

  • 4 Comments sorted by Votes Date Added
  • SystemSystem 5,885 Posts
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    I would say NOTHING without an ee signed permission form. I need more info though. Why are asking for this?
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  • maryfmurraymaryfmurray 75 Posts
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    The letter from the attorney does not state why he wants this info other than the ee was unable to work for a period of time following the accident. What happened is our employee got into an auto accident during work hours. It appears our ee is going to sue the other party! The attorney's letter doesn't state this but I've got a feeling. The EE did sign a release form for us to provide all information. This attorney is our EE's. Does that make a difference.


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  • ParabeagleParabeagle 3,085 Posts
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    If you have a signed release from the employee, I would honor it if it specifically outlines the material he is consenting to be released and to whom. But I would also try to confirm verbally with the employee if he indeed does want this information released to his attorney just to make sure.
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    The request for records is likely the attorney's first steps in "representing the employee" for a work related claim. Either you provide the info upon written request, or wait until you've been subpoened for the information. Alot of org's will "take a stand" and require the subpoena, but my experience tells me that approach if foolhearty. You'll be farther ahead to send the pers file info to the attorney, hoping that he'll review the info and decide there is no basis for a monstrous claim. He's not going to go away, so postponing the process by requiring a subpoena only antagonizes him and his client. Send 'em the info and charge them your customary fee ($.50-1.00/page)and wait and see what happens.
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