PERSONAL (?) INFO

hrmania · December 2003

We have been asked by a district attorney's office
to give them the telephone number of a prior
employee.

Based on privacy issues, should we comply?

This is for a possible trial where ee would be a witness. I assume they could "force" me too if I
don't, so I'm thinking I'll give it to them. The
number is listed in information in another city,
so anyone could get it if they knew where he lived.

What would you do?

Thks

SMace · December 2003

If you can confirm they are in fact the district attorney, I would give them the number. I'm sure there is some ridiculous scenario where you could get sued for giving out the info, but I wouldn't waste taxpayer's money to get a subpoena. Make a note of who you gave it to, why and when. Just my opinion.

marc · December 2003

I would just give it to them.

If you are really worried about it, tell them you cannot give the info out, but you know it is listed in the (insert city name here) phone book under this spelling. That way they are getting the info from public information sources.

Crout · December 2003

I'd follow SMace's advice.

deniseE · December 2003

ALWAYS get a subpeona. ALWAYS.

It costs just about nothing for them to be produced and it protects you and the company.

We are fine with a fax copy to get things started...but we do ask that an original be put in the mail as well.

SMace · December 2003

[font size="1" color="#FF0000"]LAST EDITED ON 12-04-03 AT 11:49AM (CST)[/font][br][br]I hear what you are saying, but I couldn't keep a straight face asking a district attorney for a subpeona for a phone number. And the former ee is not even being charged with anything. They are a witness. Steadfast rules are great in certain situations, but I think sometimes you have to apply them on a case by case basis. What if you need some help from that same DA in the future? That certainly could happen especially in a small community. I bet they'll remember they had to issue a subpeona for a phone number. Paybacks are hell.

sonny · December 2003

Could you call the former ee and ask them to contact the DA?

FloydL · December 2003

As deniseE points out, ALWAYS get a subpoena. Better yet, DEMAND one. While this issue might not seem intrusive to your role of company assets protector, it WILL subject you and the company to an open door later when you are requested to turn over something that you DON'T want to. In the later case, if you treat that "request" more formally by asking for a subpoena, you could open yourself up to disparate treatment claims. Do you really want to set a precedent where you "choose" which request are invasive and which ones you can treat as "friendly"? Re-think this one, and save yourself some headaches down the road.

And, the D.A.'s understand their role as well as yours, and only the unprofessional ones would resent your asking for a compelling basis to turn over company records.

SMace · December 2003

What????? Disparate treatment would not apply. They are no longer employed and they suffered no employment consequence as a result of giving that info. Your barking up the wrong tree.

Don D · December 2003

I agree with Floyd and Denise. Unless I know the D.A. personally and he calls me personally, I think their advice is sound. Lawyers are notorious liars. Pure and simple. And so are law clerks and paralegals. Who knows why they actually want to locate this person. Telling you it's because they are a witness sounds simple enough. Take that explanation with a grain of salt. As was said earlier, those officers of the court are extremely familiar with requirements for subpoenaes and have no objection or aversion to being told that you require a court ordered subpoenae. Business is business and those guys understand business better than anybody.

Parabeagle · December 2003

"Lawyers are
>notorious liars. Pure and simple. And so are law
>clerks and paralegals."

Uh, 'scuse me, Don. Former paralegal here. We do not lie (however, sometimes massaging the truth to suit your purpose helps).

Parabeagle · December 2003

Any local DA worth his salt will respect your wish for a subpoena for the information he needs. In my company, we are routinely asked for employee information by lawyers and government officials and no one has ever NOT provided us with a subpoena. It's just good practice. That way you've covered yourself.

However, I am wondering just how this scenario would play out if the request is pursuant to the US Patriot Act laws, which give law enforcement officials more latitude in information gathering.

PERSONAL (?) INFO

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