Did we Scr*w ourselves

Hi,
I recently found out that a VP outsourced one of our departments. In doing so they opened all the information in the employees file that their manager kept (ie. reviews, wages, displinary, social security number). The outsourcing company was allowed to look at and and review all the information. The outscouring company then decieded which employees to offer posistions for based on this information. The outsourcing company did not even perform an interview with employees it offered jobs to. Did we leave ourselves open to any liabilities on this issues. It sounds strange to me, but any advice would be helpful.

Comments

  • 10 Comments sorted by Votes Date Added
  • You didn't mention medical info - but if so, you have indeed embraced some liability. The other stuff, (if in Mi) could be a problem as well, since anytime any disciplinary info is released the employee has a statutory right to notice.
  • How about unintentional, but nevertheless unlawful, discrimination due to race, creed, religion, sex, age, disability, PHI, etc., where such information was present in the files that were reviewed? Especially since no interviews were done. It doesn't sound good.
  • I would also be concerned that social security numbers were given.
  • Wow, that is not good. Can you repremand the VP in writing? I know this can be sticky, but if you took swift action to retrieve the information, and repremanded the individual responsible, it would show you have agressively tried to prevent this type of breach of personnel files in the future.
  • Maybe, maybe not - if nothing happens breathe a sign of relief. The VP should be made to understand what privacy means.
  • Yes, you really did. Better call your Lawyers to make sure you can get out of this one but I doubt it.

  • hrtom_caf: Wait a minute you, I believe, said manager or supervisor files, The official personnel files under your care did not get opened to some out-sourcing company! The company may be faced with inppropriate behavior of the VP, but the HR and the Official company HR files were not breached. Are you making an assumption that all this privacy information was included in the discussions between the Department VP, or do you know for a fact? I believe I would make sure I had all the facts, I would then discuss the concerns with my boss which in my case would be the same boss of our VPs. Let your boss have the facts and deal with the issues; don't you be the one to call the attorney let your boss find out the severity of the situation, he/she will tell you when to call an attorney and I would not believe it would be now. It could be bad, but then it might be just be a ____ in a whirl wind!!! BE happy and have a nice day. PORK
  • HI,
    THank you everyone for your input. I have looked thorugh the information that was contained in the file. It contained their initial application, their name, address, phone numbers, social security numbers, date of birth, performance reviews. One of the folders cantains an accident report of an employee and one other cantains a medical leave for an employee. We found out that the outsourcing firm has hired 4 of the employees, but the rest were just dismissed. You further input is appericated.
  • Well, good morning to you from the great State of Misissippi who is preparing to receive much more rain. Your latest posting tells me, you should now read all of your policy statements pertaining to commitments to your employees on how your company protects your employee's privacy, on how you secure the employee information, and who is authorized to maintain personal, private, and confidental information. The reason is obvious, you know that LEADERSHIP IN YOUR COMPANY may have violated company policy. In that event, you need to be able to "risk manage" the violation; meaning, "to whom do you tell of your factual knowledge of the violation of company policy and procedures. The risk that one of the numbers dismissed may be angry and seek legal assistance; that being the case, will assist your boss on how the company should respond in response to a violation of Federal Law by the company claim. Knowing the company did wrong, allows for a quick recovery and cave in to the claimants position of angry with rehire into another position that you previously did not know you had open and this person is the only one in the group that qualifies.

    Under no circumstance should there be a big stink and internal fight on "who shot John". The company must quietly train supervising/managers on what information they may legally posses in their desk operating files. Medical, SSN, bithdates (age), gender information is certainly not a part of any on hand list of personal and private information allowed in working files, for no other reason but to protect the individual supervisor/manager from "loading their on guns, whith which they will shoot themselves in the foot or head" when the DISCOVERY PROCEDURES ARE ON THE WAY!!

    "Been there and done that", with private and personal training sessions at their file location (their desk). Personally, trained and supervised all supervisor/managers with review of files and secured all documents for the office. File information, such as: old reviews/memos/evaluation written by the concerned individual supervisor/manager which were a duplicate to the secured files in company personnel file were destroyed. The main teaching point: ANY REQUIRED INFORMATION IS ALWAYS AVAILABLE TO THE CONCERNED SUPERVISOR/MANAGER IN THE HR PERSONNEL FILES; ONLY THE INDIVIDUAL HAND WRITTEN MEMOS AND RECORDS OF THE EE'S PERFORMANCE COULD BE FOUND IN THE WORKING EE FILE IN THE OFFICE OF THE CONCERNED SUPERVISOR/MANAGER. WHEN THEIR IS A NEED FOR ATTENDANCE INFORMATION SEEK THE HR OUT AND WE WILL PROVIDE ESSENTIAL INFORMATION REQUIRED TO MAKE ANY DECISION ON PERFORMANE. THE NUMBER OF DAYS ABSENT IS IMPORTANT FOR THE SUPERVISOR/MANAGER; THE REASON "WHY" IS NOT FOR THEIR KNOWLEDGE, SO KEEP THEM CLEAN AND FLUFFY WHITE AS SNOW.

    Good luck, keep us posted on how it all turns! Have fun making those who think they know everything and are so possesive of their flock, to be alot smarter and warmly possessive with their flock"!!!

    PORK
  • Please forgive my typing above, it is Monday morning and this old man had a hard time getting going this morning. My "SUGAR" count is low this morning, I ate way to much BBQ Pork ribs this week end, down on the lake.

    PORK
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