Am I required to give a previous employee his time cards?

UPDATED: Sep 30, 2022

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Am I required to give a previous employee his time cards?

I have a previous employee asking for copies of his time cards. He has access to
his pay stubs and I will not tell me why he needs the actual time cards. I don’t have
an issue with complying but want to know if I’m required to since it will be time
consuming and costly to make copies.

Asked on July 29, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you are not required to do this unless required to do so by court process (such as by a subpoena, if you are subpoenaed) or otherwise in litigation (such as if you are sued by the employee and he requests them via a document production request or written interrogatories). Otherwise, the time cards may be about him but they are your company's property, and you are not obligated to share them with him. Alternately, you could offer to provide them, if he pays the hourly cost of a staff member to copy them and the cost of copies; if you want to make this offer, make sure he gives you a deposit for the cost in advance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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