Releasing Employee Information

pjdriscoll · July 2004

A theft has occured involving a large amount of cash being stolen from one of our route trucks. During the investigation, law enforcement officals have requested various employee information from the our employee records, i.e. name, address, doh, dob, etc. They also have requested banking information used in junction with the employees direct deposit account. Is it legally correct to release this type of information since it is considered a criminal investigation regarding loss of Company funds?

Down_the_Middle · July 2004

You'll find some opinions who might recommend----wait till you get the subpoena; while others will suggest just the opposite. I have a few dents in my armor from the times a CEO or COO took a hard stand and said, "Let 'em subpoena us if they want that info". They always did and it started the relationship on shaky grounds. Criminal investigations have either city/county attorney involvement or the Attorney General's office and I've never been successful forcing the subpoena issue. Sr mgt generally dictates how the org will proceed, so you might check the pulse of your leadership team.

marc · July 2004

This is your companies information and I would certainly release it in the circumstance you describe. The only things I would hesitate to release would be medical information and perhaps the I-9 documentation (although I don't have a good reason for holding that back).

deniseE · July 2004

We take the subpoena approach. Our mgmnt believest that it protects us in the event that the ee sues for improper release of information (whether it's a valid claim or not...it can tie us up in court-HEAD-ACHE!)...the subpoena provides a legally defensible reason for releasing the info.

Don D · July 2004

The police are actually helping your company, and society, determine who it was who stole from the company. I would provide it. I see nothing to be gained by impeding the investigation and nothing harmed by providing the information. They may even want to fingerprint personal items. I'd let them do that too.

Crout · July 2004

We would require a subpoena, but only because the issue is specifically addressed in our CBA.

dchr9203 · July 2004

I would provide the information. You are aiding in an investigation related to a theft that occurred on your property (in your truck), and of your proporty (the money). I, would however, notify the specific employees that I was releasing that information and for what reason, and was well within my rights as an employer to do so.

Parabeagle · July 2004

I would err on the side of caution. At least in my experience here in Oregon, the local DAs understand the sensitivity of requesting information such as this and will freely issue subpoenas for the information they need. Once we get the subpoena, we have no problem giving it to them.

DeidreFR5 · July 2004

[font size="1" color="#FF0000"]LAST EDITED ON 07-28-04 AT 02:26PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 07-28-04 AT 02:21 PM (CST)[/font]

On the rare occasion I have had this happen, I asked for a supoena, but also let them know I was preparing the information for them and would have it ready when the supoena was received. They understood and considered it part of the routine.

PS Welcome to the forum.

pork1 · July 2004

pjdriscoll: WELCOME TO THE FORUM;have been there and done that, assist the investigation pertaining to company resources, as necessary to move the investigation along as rapidly as possible. You will identify the ees subjet to involvement in this incident, those not having the mere possibility of being involved, be leery of a request for information of a personal nature. For banking information, once you give the investigators the name, spelling, dob, address, and ssn of the concerned ees the investigators have the ability and responsibility to get the banking information. I would not release the banking information without a warrant, which is easily obtained with reasonable cause. We even provided the investigators with interview space and a suspension of the ees pending completion of the investigation, which took three weeks. The thieves confessed and were proscecuted and terminated. Those not involved were returned to work with an apology and were paid for their three weeks of loss time at the average number of hours worked over the last 6 months. A couple were put on probation for they were aware of the thieves and did not tell the company. They would have been fired, but we did not have the facts on which to base a prosecution of them, the thieves pointed to their brothers but we could not prove their allogations. Rustlers are still around!

"Dandy PORK" and we still have afew thousand head!

Nina I · July 2004

Another WELCOME - late response here, but just wanted to say that I just had a similar experience here in CA this week(what the heck does Don D call us out here???), so this shouldn't surprise anyone... I had completed a sexual harassment investigation - we employ mostly disabled individuals - so when the social worker heard about it, she called Adult Protective Services - they called asking for info - I cited privacy in the good ole State of CA...in the meanwhile, they contacted the local police dept - a detective called, asking for a copy of my internal investigation. I called our corp attorney, who cited privacy laws in CA as well. I was told that I could give the detective my conclusions and recommendations, since I generated them (I already had verbally), but nothing else without a subpoena. The detective was surprised, and I did tell him I would be happy to help in any other way I could. This was just yesterday - if more occurs I will post. Good luck.

martman99 · July 2004

In this particular instance, YES! Criminal investigations relieve you of any protective responsibilities you may have for the employee's file. Rleease the information

Releasing Employee Information

Comments