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My employer asked me to send him an employee’s folder named ‘Personal’ off of a company owned computer, via dropbox/onedrive cloud services. I asked for a written request, but he refused. Do i need a written request to protect myself before sending him this data?
Asked on July 11, 2017 under Employment Labor Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you mean the company's personnel file--the file about that employee--maintained by the company, you have to honor the request: the personnel file (the company's file about someone who works there) is the employer's property and the employer can do whatever it likes with it. You can ask for a written request or documentation, but cannot compel the employer to provide you one--moreover, you can be fired for cause (no unemployment insurance) for violating your employer's instructions.
Certainly, there is information in most such files (like social security numbers) which can be misused if it falls into the wrong hand. If that happens, it is possible the employee would try to sue the employer; it's possible--unlikely but possible--you could also be sued, but if should be protected from liability if you clearly sent it to your employer (who again, has the right to it) and not some third party.