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Release of Info

martman99martman99 56 Posts
in HR & Employment Law Vote Up0Vote Down
Inquiry has been submitted by Bureau of Unemployment and WC. They are asking for actual documentation regarding an employee's termination. Have not had time to research the issue, but am inclined not to disclose these documents without claimant's waiver or order or subpoena for discovery. I'm in MI (Michigan, that is) and wonder if stautorily I'm mandated to disclose these docs to the governmental bureau?

Any forumites have a handle on this issue. Thanks for any assistance

Marty
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Comments

  • 5 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    Typically the agency will ask for 'reason for separation' either on the phone or in the form of a tear and return card. In your state they may ask for physical documentation; however, that sounds odd to me. Chances are if you do not comply, they may rule in favor of the claimant, saying that the employer was uncooperative and did not supply anything to rule out eligibility. I think I would call them and ask what's up with that request.
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  • martman99martman99 56 Posts
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    Thanks Don! However, we are NOT going to contest her eligibility anyway. I have simply replied to the request w/o the actual documentation. Have asked them cite the statutory requirement for disclosure or submit a waiver signed by the employee (She already has copy of her file).

    Further, this employee was offered a severance and think she is just trying to stir things up since she is bitter!! Wonder if employees ever feel accounatble for their own behavior? Just thinking out loud

    Thanks again Don

    Marty
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  • Don DDon D 9,834 Posts
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    I agree. Since you already know you aren't going to contest, there is no reason to provide a hard copy document. I think I would, however, find out from them if this is standard procedure and why and if so, (as you did), ask them to cite the state law section. It makes no sense. But, UI laws vary from state to state.
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  • martman99martman99 56 Posts
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    Appreciate the feedback. Where's everybody else on this one? Are you my personal WC and UC guru? Anyway I'm off to Traverse City for some wine-tatsing with my wife for Valentine's Day!

    Enjoy your weekend!


    Thanks for your help!

    Marty
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  • HRQHRQ 2,849 Posts
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    Your post has only been "out there" for a couple of hours, Martimus. I spent my morning delivering roses to our employees for Valentines Day - and am just sitting down. Everyone else is probably chowing on chocolate. x;-)

    I've never been asked to supply documents up front either. Only during the appeals process.

    I think I might do some wine-tasting of my own tonight. Thanks for the idea!
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