Former Employee Request For Copies of His Personnel Records

5560905

We had a former employee who was counseled for excessive absences and inability to get along with co-workers and our hotel guests (we had several complaints about his rudeness and abrubt attitude). Eventually we decided to part company with the employee and gave him the option to resign with one week's severance pay if he chose to do so in lieu of termination. He now wants to file for unemployment, which we routinelly contest.

This employee is now obsessed with getting copies of his personnel records. He has called at least 20 times this week - 5 times today alone.

Do I have to give him these records? His last phone message ended with "Please send these to my house. I will persist."

What do I do?

Parabeagle

[font size="1" color="#FF0000"]LAST EDITED ON 09-12-03 AT 04:58PM (CST)[/font][p]Wow. Sounds like an employee we just got rid of. Glad to see he found another job.

First, don't be intimidated. Second, check your state statutes (unfortunately I can't find anything in my quick reference guide right at the moment). Many states don't have any requirement to provide copies of personnel records for former employees - once the employment relationship is severed, the records are the property of the employer.

However (and this is why it's important to check your state laws), in Oregon a current employee is entitled to review his/her personnel file upon request and to make a copy of it. Nothing is said about FORMER employees enjoying the same right.

System

What records is he wanting? I doubt that Louisiana law requires that you provide him a copy of the file, but check. If he is asking for copies of certificates of training completion, seminars attended, notices of accomplishment, etc, I would provide them under the assumption that he did not have copies himself and it might help him find another job and leave you alone. If he wants discipline and counseling documentation, hang up on him. He has pestered you to the point of distraction. He will surely draw unemployment insurance unless you have shown that his behaviors and actions were in clear disregard of company policy and his acts or omissions were intentional and in disregard of your warnings and counseling. Don't worry about the UI. You've cut your losses and he's back there somewhere in the dust as you move on.

Nrdgrrl

You can always do what we do... We only release former ee file information when we have a subpoena in hand. No subpoena for the records, no records. End of discussion with the associate.

Nrdgrr

MS HR

I TOTALLY agree with nrdgrr.
Louisiana does not require that you provide employees or former employees with copies of their personnel file.
In particular, I would not do this with this pushy guy as he is searching for something to use as a basis for a lawsuit against you.
Just tell him no and to cease calling.
If he persists, seek legal opinion about harassment and interfering with business.

Crout

Did he resign or not? If so, then he probably won't get Unemployment. In regard to his records, I would follow the state law and nothing more. If it's anything like PA he's not entitled to anything since he is a FORMER employee, UNLESS you are presented with a subpoena.