• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Must we comply with subpoena for worker’s file?

by on
in Employment Law,Human Resources

Q. We recently received a subpoena to produce the contents of an employee’s personnel file in connection with a federal lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

A. If the subpoena is valid and was served properly, then you need to comply with it.

However, you may be able to object if it is overly burdensome or on other grounds, under Federal Rule of Civil Procedure 45.

You do not have to tell the employee about the subpoena—the personnel file is company property—but you may wish to do so for employee-relations reasons. Also, be sure to redact any confidential information, such as the employee’s Social Security number. Don’t divulge any medical information without a valid authorization that complies with Health Insurance Portability and Accountability Act (HIPAA) rules.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/14136/must-we-comply-with-subpoena-for-workers-file "

Leave a Comment