x employee wants copy &/or info from personnel file - HELP

Ethel

Our company policy is that We do not give copies of personnel files to former employees. We terminated an employee (who stated he would sue us for terminating him). The next day he called and wanted a copy of "his personnel file and all the stuff we had on him". When we refused, he asked for a copy of his application because he needed the dates of his prior employment periods. I don't know whether to give this info to him or not. Would it set a precedent? I'd hate to have to help gather the info for every terminated employee's resume, but I also want to help him find other employment because he had a large family. What do you think???????

Parabeagle

No, don't give it to him. It might not be enough to set a precedent, but I think I'd be hard pressed to open that Pandora's box and do it for him and no one else. If he is intent on suing you and wants his records, wait for a subpoena from his lawyer.

PAhr

He remembered the dates of his previous employment when he filled out your company's application. He has since been terminated or quit. He requested his personnel file. You refused so now he needs a copy of his application because he's having a memory lapse? He should at least remember who he worked for. Tell him to call his previous employers and request his dates of service from them.

Don D

Here I go speculatin'; but, I think he wants it because you found out he falsified his dates of prior employment or he wonders if you did. Once an employee or ex mentions suit or attorney, he severs normal relationships with the HR folks.

Pork

ETHEL: ONe can be a "Texas hard-ass" and refuse to provide a simple copy of the application. Consider PSSSSing the ee off any more where he takes the next step to a threat and calls an "ATTORNEY DAWG". It could be that a quick print of the application and pleasant response to the X-ee that the request is in the mail. I don't know how much your RETAINED ATTORNEY DAWG IS BUT OURS RUNS $175.00 PER HOUR, that is $2.92 per minute! I could probably get the file pull the application and have the action done and on the way in say 15 minutes. That would cost your company $43.75 to have the ATTORNEY DAWG tell you the same thing. THE ECONOMICS OF BEING A TEXAS HARD ASS is just simply not worth it. Keep the threat as a threat and not the real thing!

PORK

marc

You can allow the ee access to the file while you watch and let them hand write any information they need on their own yellow pad. This may get a win/win. You did not violate the policy and the ee got their information.

mwild31

I agree with Marc. The thing is, if the employee truly is seeking out counsel - the attorney is just going to request the same information - and as a bonus for waiting, at least then you could charge for the copies x}>

Nat

If your application is part of your personnel file and your policy says you will not give copies of the personnel file then don't. It's not personnel's responsibility to keep up with past work history for our employees. We recently had an employee call and ask us where she had lived over the past so many years. I gave her the same, "it's not personnel's responsibility.....". Employees must be responsible for themselves...I'm off my soapbox.

Crout

I think that if you cave in and violate your own policy just because the guy ran his mouth about lawyers it will only encourage him. So long as your policy abides with the law I would follow it.

Ethel

Thanks to everyone for your good advice and counsel. I'm quite tense about this situation because there are a lot of "hairs" to the events that led up to this termination. (false sworn testimony, false documents and the OSHA!!!) I will be living with this one quite a while. Wish me luck...............