Ex Employee Request
JAS
1 Post
An ex-employee has requested their personnel file be copied and sent to them, including job descriptions, evaluations, etc. If the individual were a current employee, our policy would allow for review, but as an ex employee, should we release this information?
Comments
Access to Personnel Files
Washington law regarding access to personnel files is located at Wash. Rev. Code §§ 49.12.240 – 49.12.260. The provisions cover all employers. Under the law, employers are to permit employees to inspect their personnel files at least annually upon request. Employers must make the files available locally within a reasonable time after the request.
Annual Review
Once a year, an employee may petition an employer for review of all information in the employee’s personnel files that are regularly maintained by the employer as a part of the employer’s business records or are subject to reference for information given to persons outside of the company. The employer should determine if there is any irrelevant or erroneous information in the files and remove this information from the files. Employers may do this more than once a year. If an employee does not agree with the employer’s determination, the employee may have a statement put into the file that contains a rebuttal or correction. Former employees retain the right of rebuttal or correction for up to two years.
Exceptions
Washington’s access to personnel files law does not apply to the records of an employee relating to the investigation of a possible criminal offense. The law also does not apply to information or records compiled in preparation for an impending lawsuit that would not be available to another party under the rules of pretrial discovery for causes pending in the Superior Courts.
See the annual review section. If the ee has been gone less than two years I read that you have to do this. I do not interpret that you have to give them copies, but you do have to review it and tell them if you make any modifications. If they don't agree they can write a letter that you have to put in the file. You may want to talk to a competent attorney versed in WA law.
They can rebutt misinformation only for 2 yrs after term.
If you like, I would not copy/forward anything to them, I would have the ex ee schedule an appt with you to view the file in your presence no copies are to be made. They may make notes only. Prior to them viewing the file go through the file to ensure its contents.
JMO,
Lisa