Ask the HR Expert — Requesting confidential information
Q: We received a letter from an attorney requesting confidential information from an employee record. Are we obligated to respond?
A: No.Without a subpoena, you are not legally obligated to provide the information an attorney is requesting. However, you may:
- Comply after verifying with the employee whose information is being sought if s/he approves of its release, or
- Wait to receive a subpoena for the requested information.
Bottom Line:
When it comes to providing confidential information, do your due diligence. Don’t turn over an employee’s confidential file without the proper permission or a court order to do so.
