Do I have to legally release a copy of an employee’s timesheet, if they call and ask for it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to legally release a copy of an employee’s timesheet, if they call and ask for it?
An employee I terminated a few weeks ago, called and asked me for the last 6 months of her actual filled out time sheets. Do I legally have to release those to her if asked? We are a small employer with less that 15 employees.
Asked on January 2, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Personnel records, including time sheets, belong to the company. As a general matter, you do not need to provide an employee access to his or her personnel records. That can and will change if the employee brings a claim against you for unpaid or incorrectly paid wages; in a lawsuit, for example, there are legal mechanisms by which the employee and his or her attorney can access these. However, short of a lawsuit, you do not need to share this data with the employee. That said, if there is nothing harmful in them--i.e. you believe you've complied with all requirements, paid the employee correctly, etc.--you could consider offering to give copies to the employee if she will pay the cost of copying and mailing/fed exing/etc. them.
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 AttorneyPages.com 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.