Request for copy of personnel file.

Eliant

[font size="1" color="#FF0000"]LAST EDITED ON 07-16-03 AT 01:16PM (CST)[/font][p]Recently we had to terminate a couple of employees for cause. Upon the exit interview one of the employees was asked to return some items belonging to the company and he stated that he would do that, in exchange he wanted a copy of his personnel file.
I guess the question is, "Does anyone know what the law is on providing a copy of the personnel file to employees, wether they are terminated or active?" (I'm in California.)

Thanks
Eliant


I know the EE can view their files. What about providing them with a copy of their file?

Bizee1

In California, ee's are allowed to view their personnel files, including disciplinary and termination reports. They are not permitted, however, to view records relating to an investigation of a possible criminal offense, or letters of reference.

Bizee1

Yes, you can provide them copies, and even charge them per page. But there is nothing saying you are *required* to give them copies, and also they can go ahead and use their own paper/notebook {whatever} to write down what they see in their file. And don't ever leave them alone with the file.

HR in CA

I have read that they are only entitled to copy documents that they have signed.

skyrocket

Employees are indeed allowed to request copies - but only of documents they have signed...

Under Section 1198.5 and Section 432 of the Labor Code (as well as AB2412 effective 1/1/03), employees have the right to review all information in their Personnel File and Confidential Files with one exception. Any information concerning an investigation for possible criminal offense may be removed from the file.

**Ca Labor Code Section 432
If an employee or applicant signs any instrument relating to the obtaining or holding of employment, he shall be given a copy of the instrument upon request.

Human Resources Manager

What I don't understand is where the employee gets off demanding anything in exchange for returning property that does not belong to him!

Don D

I'd follow the state law on this subject but would not barter with the ee about this. There are several reasons not to enter into an exchange with him. One is that it is not good practice to allow employees to take a lead in demanding things. Secondly, I would not put myself in a position of having to listen to him in a hearing later saying, "Well, I tried to get my file and they said they would trade it for something else". If the law requires it, bartering for it doesn't make sense.

lnelson

Don D. and all others please reply ASAP:

I just received a call from a former ee requesting a copy of her employment records and that she will be here in an hour to pick it up. I told her that first this request should be in writing and second that it would not be ready in an hour due to my schedule for today. I informed her I would have it for her tomorrow around noon. She then stated she would be in our office in an hour with letter and to discuss. Also this is the person I will be going to Umemployment hearing for tomorrow. ( see First Timer subject)

PLEASE HELP!!!!!!!!!

System

Our policy is not to give copies of personnel files. Only a subpoena requires us to do so. We tell employees that they can make an appointment to come in and view their file and make notes from it, but that they can't make copies. It's company property. So, when she comes in, tell her you'll make an appointment with her to let her view the file, but no copies. That's my $.02

Nat

[font size="1" color="#FF0000"]LAST EDITED ON 08-28-03 AT 03:11PM (CST)[/font][p]DITTO!x:7

HR in CA

While I don't have the time to look it up, I believe in California she is entitled to a copy of anything in her personnel file that she signed. But she must make an appointment, and not make this unreasonable demand.

lnelson

I have informed her of this by stating what is required yet, she is still coming in to the office to discuss this issue and possibly to cause a scene in our lobby. Since I will be seeing her tomorrow for the hearing I do not want this to be volatile but, to give me such short notice is not acceptable.

The information I would be giving her is items which she has signed only.
Is this ok I believe that is all I am required to do?

Don D

Under NO circumstances would I allow on the premises a terminated employee who is in an adversarial position (such as is created by a claims hearing) or who has otherwise called and made demands of any sort, including one who said she is on her way down to 'discuss things'. There is no slack in this. Just don't do it. You have nothing to gain and everything to lose. No law, even in California, requires you entertain such a demand/request. If your state requires it, and I'm certain California does, give her what she wants in accordance strictly with the law but do so in the time period allowed in the law, certainly not basing it on her desires or mandated timelines. I have recommended in other threads to never take an entire personnel file to a hearing of any sort. Take only what supports your position. If you take the file, she or her attorney can request you hand it to them for inspection and and a UI appeals judge or a comp hearing officer will require you to do it. If she called me back I would tell her, "I'm very busy. I will not see you tomorrow and you are advised not to come on the property. We have the notice of the hearing and will respond to that as we see fit." Based on what you say I would also take somebody with me to the hearing. A company security guard is not out of the realm of reason. Renta cops are also available but alert the hearing officer first.

Balloonman

I would alert the receptionist that you are unable to meet with her, this has been communicated, tell the receptionist to inform her that she will get the written request to you and that she will need to leave the premises. If she refuses to leave immediately the receptionist should call the police. Have her dial 911, and tell them you have a former employee on the premises, who is upset, has been asked to and will not leave. Then have her arrested for tresspassing when they arrive.
My $0.02 worth.
DJ The Balloonman

Pork

Inelson: If you have the people resources to devote to the effort of making copies from the X-EEs file, I would put my assistant on the task; however, in no way would I get into any dialogue with her this afternoon for any reason. Let her sit in the lobby and wait my time is booked in preparation for a very important hearing tomorrow and I so not have time for her today. Don't give her copies of the current issue, which is what she is wanting, which is good news because she obviously is not going to be represented by an "Attorney Dawg". He/she whould have been nipping at your heels or biting your Maximusglutamas well before now.

Good luck in your hearing, keep us posted on the event!

PORK

hrbanker

We allow copies of the personnel file, but the ex-ee has to make an appointment at HR's (my) convenience and we go through the file together. He/she can request copies of documents, which will be made at the time of the request, and at a cost of $.10 per copy.

I've had people request a copy of the file, but when I tell them the procedure it's too much bother for them. --Most of them probably blame me with their termination and can't stand the thought of sitting down with me to go over the file.

System

For the life of me I can't understand why my friend Pork recommends you place a staff member on this unreasonable 'copy project'. He lives in the same state I do which does not require a file to be produced, viewed, copied or otherwise opened to an employee. Why would you want to help her make her case? She is on a fishing expedition and wants her file AT THE LAST MINUTE hoping she will come across some tidbit of documentation that will make her look better than you in the hearing. The request is foremost, unreasonable, in terms of timing. Secondly she has demonstrated her adversarial position in her demand that you make her file and yourself available to her at her convenience. Lastly, she is her own attorney and has a fool for a client.

Pork

"Dandy Don's Twin": It is my history and well developed belief that in some fights it is better to comprimise when ever possible, in order to take the offensive wind out of their sails. It did not appear that this case was worthy of letting an angry hornet loose. If by chance, I could offer some sugar to intice the bee to stop and "smell the roses", while I get the "fly swatter", the can of spray bee killer, or a Blessed "baseball bat" to kill it, then I will most likely win the battle and the war. The Southern gentleman in me does come out fighting when I have to win instead of comprimising. For 62 years this character has been a winner and I don't intend on learning a more aggressive approach. The HR world is great for a multitude of opportunities to fail or succeed based on your thought, vision, plan, and experience for execution under pressure.

So, "for the life of you", lets go to the top of the hill and look at all of the opportunities down below, you a younger HR one can rush down and take on all of them, some you will win, and some you'll say, "OOPS"! I'll stay at the top of the hill and send the supervisors and managers into the battle with all their prepared documents and presentations to win; they will return better prepared to stop the development of new opportunities.

May we all have a very Blessed day and thank the Lord for it is another Friday (TGIF).

PORK

Balloonman

lnelson you better let us know how the hearing turned out. Of course if the lovely ex-employee showed up yesterday too!!!
My $0.02 worth
DJ THE Balloonman


Eat Lamb, 50,000 coyotes can't be wrong!

lnelson

Well I will start by saying I have not gone to the hearing yet.
The former ee did not show up at the office yesterday nor did she call me back.
In some ways this relieves me in others it makes me alittle concerned.

I will inform all of you of the proceedings as they occur.

THANK YOU. THANK YOU. THANK YOU. THANK YOU. THANK YOU. THANK YOU. THANK YOU.

Don D

Hey man, give her a slab of bacon while you're at it. She can fry that at the same time she's fryin' you! I only have 34.5 years at this. If you catch up with me it means I've died. Eat more beef.

lnelson

Well everyone it is over now. I am still in shock as to the proceedings and how ee friendly the judge was. It was very obvious. I was asked all sorts of questions with detail answer to give and he basically wanted just yes or no with no explaination. Where she was asked question and able to elaborate on them. He also did not ask for any documents and I did not want to offer any once it was observed his preference in this case. It was very eye opening I would have thought it would have been more discreet but I will not know what the determination will be for another 3-5 weeks.


I am just happy it is OVER for now anyway. x:-)
Again, Thank you to all who responded.x:*

Jane Peterson

It looks as though you have had a lot of responses to your request for information regarding this subject; however, I am always one to put my two cents in....

California - Employees own the file
Florida - Employers own the file.

System

Not literally. The file is the property of the employer in every state. It's just that in California, the judge sits a bit closer to the claimant, often in the very same chair. x:-)

mrbill

Here in Massachusetts, the law states that an employee has the right to review their personnel file. I am unsure if they have the right to copy same, but that should not be a big issue. The only exception to this is that upon receipt of a request, their file is reviewed, and any documents that relate to a 3rd party are removed.