Privacy Laws

mpendley

Don't they scare everyone???  What can you say and to whom???

I have a situation where a private detective came to my site and asked about an ex employee....  What are my obligations to the ex-employee as well as the private detective?  Can I give out last known address.... verify the employee with SSN.....   where do you draw the line?  Is it better to just leave it alone and say nothing other than he doesn't work here anymore??

TXHRGuy

In most states a private investigator has no more rights than a regular citizen and in states where they have any power, it's usually very limited, like exemption from loitering laws.  In every state, as far as I know, if you say anything to the private detective, it's exactly the same as saying it to a stranger on the sidewalk.  A police officer without a warrant can be tougher, depending on the situation.

IT HR

I wouldn't give any information to the private investigator.  If they need the information bad enough they will find a way to go get a court order to get the info.  I don't ever give out information without the employees written consent. If it is a former employee and someone is trying to verify past employment (mortgage company, new employer, etc.) I make sure I have the authorization form where the person has signed authorizing disclosure of this information. 

HRforME

I agree...here it takes either the ex-employee's signature/authorization, a court order OR a subpeona.  You just never know who is "posing" as someone who needs/wants information that they should not be allowed access to.

I had a policeman call last week about a recent terminated employee.  To give him the information he asked for, I required that he send me the request in written form on the department stationary.  And I cleared it with our corporate counsel first.