Ask the ExpertCategory: QuestionsCompany files
hri_Admin Staff asked 4 years ago

I recently terminated an employee with cause. They are now asking for their complete company file. Am I obligated to send them everything in their file. Most importantly their disciplinary portion. This employees has received all disciplinary paperwork already at the time of their disciplinary meetings.

1 Answers
Glenn Demby Staff answered 4 years ago

The answer is probably yes but it’s hard to say for sure without knowing the facts and situation.
More importantly, the fact that you’re asking me this Q suggests that you don’t have a lawyer representing you in this matter. If I’m right, I strongly urge you to get a lawyer given the liability risks of wrongful dismissal, which include not just termination notice and other ESA benefits but also the possibility of damages if you CAN’T show just cause. And if you DO have a lawyer, he/she should decide which dox to disclose as part of the “discovery,” i.e., evidence gathering process of the litigation.
Hope that helps and good luck with the case. Glenn