WHAT TO DO WHEN THE G-MAN STOPS BY

He strolls into your office, trench coat over dark suit and shoes shiny enough to reflect your bad hair day.  Reaching into his breast pocket, he whips out a leather wallet and flashes an ID card with a silver badge.  You inspect it like a pro, but you don’t have a clue what the real thing looks like and he knows that.  “You have an employee … (a tiny black notebook flips open) … Patricia Smith.”  He snaps the book shut.  “May I see her records, please?”  It’s not a question.  You stare for just a moment too long.  Your palms have turned clammy and your deodorant reaches the first stages of failure.  “One moment please.”  Not eloquent, but it’s all you’ve got.  You rush to the phone to call your company’s attorney.  Not a bad idea.  In fact, if the investigator is from BOLI or he appears to be inspecting your entire workplace, you should consult with the company’s attorney right away.  However, in the case of a simple file request, a couple of measures will help you feel more prepared.  First, your policy manual should include a paragraph that explains that while employee records remain as private as possible, the employer may allow representatives of government or law enforcement agencies to access file information in the course of official business.  Second, ask about the nature of the investigation and why the records are being sought.  You may find that the employee has signed a release or that a warrant has been issued.  Even if there is no release or warrant, you may gain important information that can make it easier for you and your company’s attorney to decide whether to release the records in one of those dicey noir moments.