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The Work Week with Bassford Remele | Employee Records Requests | 9/18/23



The Work Week with Bassford Remele

September 18, 2023

Welcome to another edition of The Work Week with Bassford Remele. Each Monday morning, we will publish and send a new article to your inbox to hopefully assist you in jumpstarting your work week.

Bassford Remele Employment Practice Group


Employer Considerations When Responding to Employee-Records Requests

Bryce D. Riddle

As we barrel toward the fourth quarter, many employers look to update policies and procedures heading into the next year. One issue that employers often overlook is how to respond to a request for an employee’s employment records. Responding to requests for employment records is an important responsibility for employers, and it is essential to handle such requests with care to protect employee privacy and comply with relevant laws and regulations. Here are some key points that employers need to know when responding to requests for employee records:

1. Legal Requirements

2. Privacy and Confidentiality

3. Consent:

4. HIPAA Compliance (if applicable):

5. Employee Access:

6. Record Retention:

7. Document All Requests:

8. Redact Sensitive Information:

9. Third-Party Requests:

10. Consult Legal Counsel:

11. Training:

12. Maintain Data Security:

13. Employee Communication:

14. Timely Responses:

15. Penalties for Non-Compliance:

Remember that the specific requirements for responding to requests for employee records can vary widely depending on your location and the nature of the records in question. Therefore, it is crucial to consult with legal counsel who are knowledgeable about local laws and regulations to ensure compliance. At Bassford Remele, we regularly advise and counsel employers on handling records requests to ensure that disclosure of such information is done in accordance with applicable laws and regulations. Please feel free to reach out if you need assistance in developing protocols to deal with employee records requests.


The Work Week with Bassford Remele, 9/18/23 (print version)


Employment Litigation/Advice

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Bassford Remele | September 18, 2023