Access to Personnel Files After Employment

carteret

My employer has a policy that states that an employee will not have access to review their personnel files after their employment has terminated. It does not matter if the employment terminated due to voluntary resignation or involuntary discharge. We are a North Carolina employer.

What are your thoughts?

Hunter1

The issue may very well be controlled by state law. In WI, an employee has a statutory right to view their file, and 'employee' is defined as including former employee as I recall it.

Don D

In MS, an employee has no statutory authority to see a file, nor would an ex-employee. There is no Federal legislation, thankfully, on this subject. Your state law, if it has one, rules. But, my thoughts on this are that an ex-ee should have no right to any company record or property except through subpoena.

ray a

I would not allow a former ee access to their files without a subpoena.

Crout

I agree with ray, but check your state law to make sure that former EE's have no right to view. Keep in mind that the files are PROPERTY that belong to the company.

Ethel

In TX an x-employee has no right to view personnel file. Our policy is no access to x-empl. without a supeona. Again, as others have advised -- ck you state laws.

SMace

There is no state law regarding allowing former ee's of a PRIVATE employer to view files. As long as you stick to your policy, it sounds good to me. If you are a public employer, the policy will not fly.

LV

Are you a public or private employer? Makes a difference. Either way I would check with your state law.