Legally must I provide a employee handbook to an employee who quit?

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Legally must I provide a employee handbook to an employee who quit?

I own a staffing company and the previous employee tried to go behind our backs and get hired on to one of our clients while staffed at their business. The employee then quit and signed a doc stating that she voluntarily quit. She then emailed us asking for our policy and employee handbook. Must we provide either of those to her since she’s no longer an employee?

Asked on September 17, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You do not need to provide your policies and handbook to a former employee unless and only if she sues you (e.g. for wrongful termination--not that this appears to be wrongful termination, but it is unfortunately almost impossible to prevent someone from filing even a weak or baseless suit and forcing you to respond to it) and, in the course of that lawsuit, uses legal process (e.g. written questions or interrogatories; a document production request; a subpoena) to get the materials.


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