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What information does an employer have to release to a debt collector? Massachusetts

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  • What information does an employer have to release to a debt collector? Massachusetts

    If a debt collection company calls regarding one of our employees, is there any information that I have to release?
    I would like to refuse to even confirm or deny that an employee works here without the employees signed authorization, but I am not sure that I am allowed to do that?? Any help would be appreciated.

  • #2
    You have no legal obligation to release anything at all. This is between the employee and the person to whom the debt is owed or his agent. You are not a party to the proceedings. And honestly? You have no idea who is calling or whether the caller is legitimate.

    I would like to refuse to even confirm or deny that an employee works here without the employees signed authorization

    You not only may do that, it's IMO the wisest course.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agreed, although if anyone wants to confirm that an employee works there, they will just call up the company and ask to speak to the employee without saying what they are calling about. So I am fine with telling a debt collector to pound sand, but do not expect that will accomplish anything with regards of not telling them the employee works there. That only works with truly stupid debt collectors.

      Past that point, NSA, never say anything to anyone about your employees unless:
      - Your company has a valid business reason to do so.
      - Your employee has expressly given permission.
      - You have a court order or some other formal government request.

      It is generally not a legal requirement that you protect your employee's privacy, but only really stupid employers fail to do so. You violate one employee's privacy unnecessarily and they will tell EVERYONE, and everyone will be mad at you.

      It is generally so much easier to brass off your workforce then it is to make them happy that they are working for you. Smart employers never unnecessarily brass off their workforce.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by HBJinMA View Post
        If a debt collection company calls regarding one of our employees, is there any information that I have to release?
        Nope, none at all. (& I wouldn't.)
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Mums the word with any debt collection calls from now on

          Thanks for the advise - you guys are the best!

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          • #6
            You're welcome.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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