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Do I need to answer a lawyer???

HRHHRH 83 Posts
in HR & Employment Law Vote Up0Vote Down
Received a written request from a lawyer's office for information about a temporary employee. They are asking for dates of employment, salary, verification of SS#, address, etc. What response, if any, am I required to give??? Should I request that they send me a signed release from the ee, as I would with a verification of employment from a mortgage company, or is this a horse of a different color?? Thanks!
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  • 7 Comments sorted by Votes Date Added
  • SMaceSMace 1,481 Posts
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    When you say temporary, do you mean you employed them through a temp agency? If so I would refer the attorney to the temp service.
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  • Gillian3Gillian3 913 Posts
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    If they are doing a reference check prior to hiring the person, do the same thing that you would do if it were any other reference check. If the inquiry is because the attorney is on a fishing expedition because the person is involved in a lawsuit, have your attorney respond.
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  • windjamwindjam 31 Posts
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    We treat all inquiries the same, whether from a finance company, mortgage company. apartments or attorneys - if you want anything other than dates of employment and job title - need a signed release. One note of caution regarding a situation I am dealing with right now. Read the release they send you and make sure it covers what they are asking for! Received a request for lost wages from an attorney but the form-letter signed authorization was for release of medical information. Called attorneys office and said that if they wanted wages, I needed a release stating that from the employee to them. Funny, they don't have that and are going to "try" to get it. Time will tell.
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  • NrdgrrlNrdgrrl 116 Posts
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    At my company, if you are an attorney wanting information, you have to provide a subpeona. We own the file, and once you leave, you will have to have the court tell us to release the informaion. We also charge the attorney with copying costs.
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  • WhateverWhatever 1,945 Posts
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    We never give out information except to verify that an individual was or is currently an ee without written authorization. Whether or not the ee is temporary or full-time doesn't matter.
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  • deniseEdeniseE 902 Posts
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    only a court (subpoena) can force you to share information...an attorney cannot. Protect your company and your employee advise the attorney, in writing, that you require a subpeona for the release of such information.
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  • HRHHRH 83 Posts
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    Thank you all so much for your responses. You have confirmed my gut feeling.
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