Do I have to comply?

Craig David · April 2004

I received a request from a local attorney's office in the past requesting a copy of the employees personnel file. The request was provided with a release from the individual employee. I have always complied in the past but was wondering do I have to? It is not a court order just a request from an attorney.

Thank you

Nicole · April 2004

I would think you wouldn't *have* to do it but why would you not want to?

What would you do if the employee came to you and asked for information from his file? Would you be more or less inclined to provide the information?

Gillian3 · April 2004

This issue has been hashed out numerous times on the Forum. The two camps are - why would you not share since the attorney will just get a subpoena anyway and the other is - since an attorney is asking it is adversarial already so why cooperate. You choose.

Whirlwind · April 2004

Here's another perspective. The vast majority of times I've gotten this request, it has had nothing to do with a complaint against us (the employer), but rather with some dispute between the employee and someone else. For example, the ee's attorney is attempting to show that the ee missed work due to an accident that was someone else's fault. I have nothing to gain -- and maybe something to lose in terms of the ee's attitude -- by stonewalling. Nevertheless, my biggest gripe about these requests is that the lawyers throw too big a net. They often have us copying everything in sight when just the leave and/or pay records would suffice.

Don D · April 2004

[font size="1" color="#FF0000"]LAST EDITED ON 04-21-04 AT 01:06PM (CST)[/font][br][br]My position is always to NOT provide based on a telephone or letterhead request. If the attorney wants the file, let him have it subpoenaed. Then, if indeed the attorney decides it's worth that effort, you'll have a clear and specific order, you will have drawn a line in the sand which means the attorney will know not to call or write for other tidbits of information, and your attorney will not be second-guessing what you did down the road when and if this develops into an action of some sort.

Once an attorney is engaged, the process is strictly formal, strictly legal. Attorneys deal with attorneys and you are responding to legal process and you are requiring legal process. Much cleaner.

Hatchetman · April 2004

I would provide it if the authorization is "legit" and if the file is extensive charge for photocopying (or charge even if it isn't extensive).

Craig David · April 2004

Thank you all for your points of view as always very helpfull.

deniseE · April 2004

Request that the attorney obtain a subpoena...it's not that much work for him..just another thing off of the printer...but it will cya in the event that the attorney was misrepresenting his position.

Additionally, an attorney acting in good faith will not be annoyed by this request.

Do I have to comply?

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