What are the steps an HR person must take when a Lawyer requests personal information?
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What are the steps an HR person must take when a Lawyer requests personal information?
Is this a personal situation or for school?
What steps would YOU take?
Has a subpoena been presented?
At the library where I worked, we could not give out employee or patron info to anyone, not even police or attorneys without a court order, and then we had to defer to the library director to get involved with that part of it.
And the correct procedure was drummed into our heads at many staff meetings. The policy was in print and we all had a copy. We couldn't even disclose library info (overdues, books checked out, fine amounts) to another family member.
Employee records were in a locked file cabinet, and medical records were in a different locked cabinet. To find out specific patron info, there was a higher password and only a few employees had it.
So you are applying for a job and were asked a question you can't answer. So you want us to answer it. Do we get the job instead?
The answer is you tell the attorney to get a subpoena is he does not have one. You don't release employee info unless compelled by a valid court order.
I was an HR Assistant Superintendent and this type of question would only be asked on someone applying to work in my office. What job are you applying for in this situation? The first thing I would do is asked the lawyer if he has written permission from the person in question. If notin the absence of a court order, he would get no information
Hence the reason I asked if a subpoena was presented. Just trying to make the OP come up with the correct answer himself. ;)
There are not steps,
First you are not clear why an attorney is asking questions, my general rule, if it is not for my benefit, I refuse to answer any questions, unless it is required by court order.
If this is a legal case against you, just refuse to answer any question,
If this is a case to help or hurt someone else, answer only those questions you want to, but understand if go to trial, they may ask you anything under oath, Then you have to answer, unless other attorney objects.
Now, if this is about a person in your company, unless there is a court order, requriing the information, you do not give out anything.
** some companies will, there is no real law protecting the information, but as a practice it is not given out
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