Providing Information to the Police
Posted: 10 May 2008 11:32 PM   [ Ignore ]
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Has anyone had to deal with police officers asking for personal information like addresses due to a criminal investigation?  Under what circumstance (without a warrant) can the police require information regarding employees?  What liability does the create for the employer?

[ Edited: 11 May 2008 11:14 PM by dkillingsworth ]
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Posted: 13 May 2008 09:14 AM   [ Ignore ]   [ # 1 ]
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We just had a situation like this and we gave the police a copy of the employee’s resume, the background check and emergency contact form, but we required a letter of request from the detective on his letterhead.  If he wants more, we will require a subpoena.  I was told that we are not required to comply with a request like this from the police unless they have a subpoena for the information.  We chose to give him the few pieces of information I listed above.

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Posted: 13 May 2008 09:52 AM   [ Ignore ]   [ # 2 ]
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This might be a state specific issue, but I don’t think an employer has any obligation to cooperate with police.  That’s not to say that you cannot or should not cooperate, but I wouldn’t provide information to police that goes beyond your company’s policy regarding confidentiality.

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Patrick Della Valle
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Posted: 13 May 2008 03:07 PM   [ Ignore ]   [ # 3 ]
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This situation just came up recently in my practice and we required a warrant in order to obtain the requested information.  However, the information requested was broad.  If the police are requesting minimal information (i.e. name and address) and it is in writing to cover the employer, the employer could chose to cooperate and request a warrant only if additional personal information is requested.

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