Personnel files

nparsons

A somewhat of a problem former employee (took option of resigning 30 months ago) has sent a letter requesting her personnel file.. There is a lot of documentation in those files...records of discussion, warnings, etc. of which the employee received copies of at the time. There is nothing there of which she is not aware. It is my opinion that those files are the property of the employer and in WV do not have to be released to the employee.
Please advise if my opinion matches yours.

LFernandes

I don't know about WV law but in CT and NY, employees have the right to view their personnel files. The files are company property so the EE can either come to your office to view the file in the presence of an HR rep or you can make a copy of her file and mail it to her. The files are not allowed out of HR. At my old company, we charged $.25 for each page copied and the EE had to pay before the files where released to them.

Human Resources Manager

It all depends on what your state law mandates. In MN, current employees are entitled to view their personnel file every six months, and former employees are entitled to one copy of the contents of their file, at no charge, so long as the request is made within one year of termination. So, she would not be entitled to a copy on request after 30 mos. here.

You should check with your state DOL or equivalent. If there is no statute requiring it, then I would not release any information without a subpoena.