Sharing Personal and Salary Information About an Ex-Employee
My question involves labor and employment law for the state of: Nevada.
About 2 months ago, an employee was terminated for unsatisfactory job performance, and ftiailure to submit to a drug test as outlined in Employee Handbook. Through talking to him during his time of employment he made it a point that he was seperated from his wife, which is why I am questioning my actions in order to protect myself and the Company from any wrong-doing.
I received a phone call today from a female who addressed herself as his wife, and wanted to verify address on file to receive year end tax info, and requested copies of last 3 check stubs to apply for Medicaid. I took down the address she wants to receive paperwork at. I gave her no information, only simply said I would look into it tomorrow.
The address she gave me is not address listed on application, nor is it his emergency contacts address where he was living at after termination.
I am the Office Manager for the Company, and do not want to do something I am not supposed to and have it come back on me. Can I release his pay history to her at her request? Can I change his mailing address without his consent? I know he was disgruntled with Company and his wife at one time. We are a small company so do not have a Human Resourse office, and this is not covered in Handbook. Please advise, and I apologize for any unnecessary information.
Re: Releasing And/or Changing of Personal Information
If it were me, I'd refer her to the highest supervisor/manager and leave it at that. If you're the person in charge, explain politely that when you're served with a subpoena you'd be happy to comply. Have a lovely day Mrs. Ex.
Wifey is likely going fishing.
Re: Releasing And/or Changing of Personal Information
Absolutely do not release any information whatsoever without either a subpoena or a written authorization from the employee.
Re: Releasing And/or Changing of Personal Information
cbg, the employee was fired - does it make a difference? (not to common sense, but legally)
Re: Releasing And/or Changing of Personal Information
Quote:
Quoting
Dogmatique
cbg, the employee was fired - does it make a difference? (not to common sense, but legally)
I know the answer to that one...no, it does not make a difference that the employee was fired.
Re: Releasing And/or Changing of Personal Information
Re: Releasing And/or Changing of Personal Information
Agreed. It does not make any difference whatsoever.
Re: Sharing Personal and Salary Information About an Ex-Employee
Agree with DM.
The safest thing you can do is give Mrs Ex nothing.
Not without a court order.
Re: Sharing Personal and Salary Information About an Ex-Employee
I have to ask:
is there anything actually illegal in releasing the information? Barring the possible issue with a social security number on the check stubs (and not even certain releasing the SS# would be illegal) I cannot see anything that would be illegal here. While not good practice, I don't see it as something the OP would risk some punitive action for.
still not a good idea to release info in general to anybody but the employee or with their permission but not seeing the crime concern here.
Heck, most of what is being asked for is something a possible employer may be given if they ask.
am I wrong here?
Re: Sharing Personal and Salary Information About an Ex-Employee
A random voice on the phone requests payroll and address information; the information available cannot be verified, and you're thinking this is a defendable position?
Even if it doesn't violate any specific laws, the employer could still end up on the wrong side of a lawsuit.
(I never said there was anything criminal about it.)