Request for a copy of employee file

Mentel

We have a long-term employee (22 years and 58 years old) who wants a copy of both his personnel and medical files. He is an architectural/structural designer who has worked his way up through the ranks. He knows that he is about to be laid-off due to lack of work. He feels others should be laid off too or instead of him. He is the only person qualified to do this work and we just don't have work for him. There are other employees in his classification of Senior Engineering Tech III but they work in other specialties like roads and underground utilities, or electrical design/troubleshooting. They are also long-term employees. I have offered him the opportunity to look at his files. He wants a copy. Can he legally have a copy of his file? I have only given copies when requested by an attorney on a legal matter. We consider these records confidential and are not to leave the premises. Should I give him a copy?

Shadowfax

What's the problem? Provide it now - or - provide it to his attorney. I don't know Wi law but in Mi the ee has a right, by statute, to review the file every 6 months, and get copies of anything in it they want.

Betty I_O

I agree with Shadowfax--it's now or later! Even if you suspect the employee is attemptng to build a case against your employer, let him have the copy of his file. We have a procedure that if it is a current employee who makes a request, they can review their file in HR and get a copy of the entire file or any part thereof. For employees who have terminated and request a copy of their file (the request must be in writing), we charge $.25 per page to copy the file for them.

LindaS

I am in WI and you are required to allow the employee to view their file, after receiving a written request, within 7 days of receipt of request. You are also required to provide the EE with a copy of the file, should they request it, although you are allowed to charge for the copies - utilizing a fair price for the copies. If the employee wants both their medical and personnel file, make them request both IN WRITING before providing both.

One last thing, although you are required to allow them to view their personnel file, it does NOT have to be done on "company" time.

Hunter1

In Wisconsin, employees have a statutory right to inspect and copy records in their personnel files. There are some exceptions including investigation of criminal offenses, letters of reference, test documents, staff planning documents, information of a personal nature about someone other than the employee, records relevant to any other pending claim between the employer and employee which may be discovered in a judicial proceeding, OR an employer who does not maintain any personnel records. Medical records may be withheld from the employee and provided to a medical provider of the employee's choice if the records may have a detrimental effect on the employee. There are penalties for NOT allowing access.