Former Employees Inspecting File in Illinois
LoraW
6 Posts
I am located in Illinois. I have a former employee who wants a copy of everything in her file. She will be bringing whatever I give her directly to her lawyer and probably try to use it against us. Do I have to give her a copy of everything in her file? Does she have a right to inspect/copy/see it?
Thanks for the advice.
Thanks for the advice.
Comments
Cristina
Inspection of Records
Under the law, every employer must, upon an employee’s request, permit the employee to inspect any personnel documents intended for use in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, discharge, or other disciplinary action.
An employee’s right to inspect personnel files includes personnel documents in the possession of a person, corporation, partnership, or other association having a contractual agreement to keep or supply a personnel record.
Employers must grant at least two inspection requests by an employee in a calendar year when requests are made at reasonable intervals unless otherwise provided for in a collective bargaining agreement. The employer must provide an employee with an opportunity to inspect the records within seven working days after the employee makes the request. If the employer can reasonably show that the deadline cannot be met, an additional seven days will be permitted.
Inspection must take place at a location reasonably near the employee’s place of employment and during normal working hours. The employer may allow the inspection to take place at a time other than working hours or at a place other than where the records are maintained if the time or place would be more convenient for the employee.
Employees that cannot review their personnel records at the employing unit must, upon written request, be mailed a copy of the requested records.
Employees have the right to obtain a copy of the information contained in their files but they are not permitted to remove any part of the files from the employer’s premises. Each employer retains the right to protect its records from loss, damage, or alteration to insure their integrity.
>everything in her file? Does she have a right to
>inspect/copy/see it?
>
>Thanks for the advice.
An ex-employee does not have a right to review their files.
And they definitely do not have any right to have a copy. the records are the property of the company.
Even with a subpoena for the records, i would have your attorney dispute the requirement ot provide them.
Why arm your opponents if you don't need to do so?
[url]http://www.state.il.us/agency/idol/faq/qprecord.htm[/url]
check closely for the timeframes and be strict about it.
if they are specifically entitled to review it after one year, don't do it if it is one year and one minute.
The State of Wisconsin gives employees a right to review their “personnel documents.” The statue does not give an employee carte blanche to review their entire “personnel file,” or the contents of any supervisor file.
“Personnel documents,” as defined in the statue, do NOT include every document or note maintained regarding the employee. Rather, “personnel documents” include only those records “used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary actions, and medical records*.”
Excluded, meaning an employee does not have a right to see, are the following:
·Letters of reference, reference checks
·Test documents
·Materials use for staff management planning
·Personal information concerning another employee, if disclosure would constitute a clearly unwarranted invasion of privacy
·Records relevant to any other pending claim between the employer and employee (which may be discovered in a judicial proceeding).
When you get a request for personnel documents, particularly from a terminated employee, do not “give them the keys to the file cabinet.” Instead,
·Go through the employee’s personnel file. Be sure it contains only those documents that fall within the definition of “personnel documents.”
·Check to see is any exceptions listed above apply, particularly the exception concerning materials relevant to a pending claim.
·Do not provide copies of supervisor notes or files, unless they were used to make an employment decision.
·Exclude documents that never should have been in the employee’s files (for example, attorney-client privileged documents).
·*Medical records – If the employer believes disclosure of medical records would have a detrimental affect on the employer, it may release the records to the employee’s physician, who may then release them to the employee and his or her immediate family.
Hope this helps
HRsage is correct with the 1 year after termination requirement. If you're reluctant to give up anything, it might mean you shouldn't have it............... Good luck
This may be state specific, but I don't think so.