Page 1 of 2 1 2 LastLast
Results 1 to 10 of 17

Hybrid View

  1. #1
    Join Date
    Dec 2013
    Location
    Las Vegas, Nevada
    Posts
    2

    Question 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.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Releasing And/or Changing of Personal Information

    cbg, the employee was fired - does it make a difference? (not to common sense, but legally)

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Releasing And/or Changing of Personal Information

    Quote Quoting Dogmatique
    View Post
    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.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Releasing And/or Changing of Personal Information

    Thank you kindly, L

  7. #7
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.)

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sharing Personal and Salary Information About an Ex-Employee

    Quote Quoting cbg
    View Post
    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.)
    not saying it is a defensible position. Just saying in itself, I do not see anything illegal about it or likely even actionable. As I said, most of the info is available to any company that is calling for a reference anyway. Why would it be any more egregious to release it to some random person?


    and in that light; how do you know that Bob from XYZ company calling for a reference is actually Bob from XYZ company and not the pissed off ex husband Dick?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Collection Lawsuits: Information Subpoena Served on Employer for Employee's Personal Bank Info
    By rmeyers in forum Debts and Collections
    Replies: 1
    Last Post: 12-10-2011, 03:09 PM
  2. Privacy: Employer Disclosed Personal Information About an Employee
    By mynameisjake07 in forum Employment and Labor
    Replies: 6
    Last Post: 04-27-2009, 08:40 AM
  3. Debt Collectors: Collection Agency Sharing Information
    By freckles_isis in forum Debts and Collections
    Replies: 1
    Last Post: 02-14-2009, 08:02 PM
  4. Service Providers: Sharing Other's Personal Information On Forums
    By Psy in forum Consumer Law
    Replies: 1
    Last Post: 06-08-2008, 07:33 AM
  5. Restrictive Covenants: Sharing Confidential Company Information
    By doug02346 in forum Employment and Labor
    Replies: 2
    Last Post: 07-12-2007, 04:11 AM
 
 
Sponsored Links

Legal Help, Information and Resources