Get Legal Help Today
Secured with SHA-256 Encryption
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 3 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.