Employee personnel file

System

If anyone out there could reply to this post ASAP that would be great. I have an employee that we terminated on Friday because of his threatening other employees. Not the first time. He was warned the first time if this behavior happened again it would be immediate termination. He is wanting a copy of his personnel file which is not problem. The question I have is do I include in the copies the documentation that we have from the employee's who filed the complaints. Both times the terminated employee threatened other we had those employees document what has happened. I am thinking I would just include the terminated employees statement and not the other. I am correct in doing this?? He wants to pick up these copies in a couple of hours.

Any input would be appreciated.

Spoden

Don D

First: I recommend not giving him a copy of the file unless your state law requires that you do so.

Second: If you do give it to him, the file should not ever include copies of investigations. Typically investigative files are not part of the personnel file and should be kept in separate, confidential HR files. If you don't have that practice, I recommend you put one in place.

Third: If this person has a history of threatening others, which is obvious, I'm not sure I'd allow him to walk the halls of my building. If you are determined to give him copies of something, send it to him certified mail. If not, and he creates havoc on your property, he was there with your permission after you knew he was a threat to the well being of others. Do you really want to incur this liability?

mwild31

Spoden - does your company have a policy on providing employee's with copies of their personnel folder? Most policies state that the employee can review their folder, but not have a copy. Go to your policy manual first to determine if his request is even possible.

Next, don't panic in this situation. Employee's think they know the law & think they have all the answers - most don't. You however, have a powerful arsenol at your disposal, your handbook, your attorney and your state's employment standards office. Consult with all of these before you take action. Since the employee already called in, call the employee back and let them know that it will be impossible for you to gather the information together today - too many meetings, hot issue came up, etc. - and then seek out your answers. If it's okay to copy the file (according to your policies and such) then it might be a good thing to do to stave off any further interaction with this person - also, I would mail them a copy of the file rather than have them stop by to pick it up (a lot less confrontational).

Don already addressed the investigation materials and I concur with his assessment.

Good luck!

Leslie

Spoden, it appears from your original post that it is company policy to copy personnel files for terminated employees. I doubt that it puts a demanded time frame of two hours on your ability to do so. Take the upper hand. Don't copy the investigations, and tell him the copy will be in the mail. Don't allow someone termed for threatening behavior back on property.

System

Thank you all for responding so promptly to my post. I did check out state law and we are required to give the copies to the employee, but I will certainly take your advice and mail the copies to him.

Thanks again for your advice


Spoden