Terminated Employee Wants All Personal and Payroll Records for Unemployment Hearing

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Terminated Employee Wants All Personal and Payroll Records for Unemployment Hearing

My company is located in Colorado, a terminated employee has requested three
years worth of time cards and her personnel file. We store time cards with our
payroll information and not in the personnel file. We have an unemployment
hearing coming up soon. Are we legally obligated to provide all of the time cards
to her?

Asked on July 2, 2018 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the unemployment office/agency asks for the cards you would have to provide them to the government office; or in a lawsuit, if the cards were requested using the legal mechanisms of "discovery" (e.g. subpoena; document production request), you'd also have to provide the cards. But you do not need to provide them to the employee herself, unless there is ligitation and she subpoenas them or uses a document production request. Only legal process in litigation or a government agency seeking them pursuant to its authority requires production.


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