Legal Question in Civil Litigation in Virginia
Communication with Plaintiff
An individual was fired from a company for an apparent theft. The individual is contacting the company to obtain a copy of her personnel file and documentation regarding the theft. The individual has indicated that she has hired a lawyer. What legal obligation, before there has been any indication of any litigation, does the company have to provide the information to the former employee? The legal counsel has NOT contacted the company but the former employee continues to call the company multiple times on a daily basis. Additionally, what should the company say to the individual when she contacts the offices on a constant basis?
1 Answer from Attorneys
Re: Communication with Plaintiff
Absent a valid subpoena to turn over documents as a result of a pending suit filed in an appropriate court, there is no such obligation of which I'm aware on the part of the company.
The company should inform the former employee not to call anymore and that all further contacts with the company should be initiated in her behalf by her retained legal counsel (which she/he now likely doesn't have).