Personnel File

Ty

Last week we fired an employee for job performance she had been with us for 6 months. Her supervisor had talked to her several times on different issues. Before she left she did tell her co-workers that we would be hearing from her.
This morning she came to the office demanding her personnel file. My question is how much of her file do I have to give her? Do I have to give her all the info we are compiling right now incase this becomes a legal issue. She said she will be back this afternoon to pick up this file and I better be available for her. When she came this morning I was in a meeting with a new employee and I also have to process payroll today so I told the front desk to tell her I was not available at this time.

Cheryl S SPHR

[font size="1" color="#FF0000"]LAST EDITED ON 05-09-05 AT 08:13AM (CST)[/font][br][br]I assume she is asking for a COPY of her file. Because we carefully control what goes in an employee's file, I would be comfortable giving it to her. However, I would probably charge her for reasonable copying fees -- you may also want her to give you her request in writing for your records.

In terms of what to give her -- she probably has the right to everything in her file -- so whatever you have put in there she could get. But, you may have separate working papers that are not part of her file. There is a delicate line there -- I believe legally she could get just about anything you have.

She could probably get pretty much all of it from you in the long run through a court system or other legal venue so you might as well give it to her now. Some employers have a policy in place that states under what circumstances a copy would be released (how to request one, how much notice they have to give, charges for copying, etc.). It appears you don't have such a policy -- you might want to check to see if you have state laws on this matter as well.

Good luck!

Crout

If I were in your shoes and we were working in Pennsylvania, I would tell her that as an ex-employee she has no right to her file UNLESS she has a court order. That's because the Personnel File Act in PA only applies to current employees, not former ones. So you need to check your state and/or local law. The Personnel File is company property and unless there is a legal mandate you do not have to allow an ex-employee access to it.

flaroyale

Are you a private or public organization? If you are public you need to check the Florida Sunshine Act also. In a public organization anyone with a written request can look at anyone's file as long as SSN and address, and personal info is covered up.

Don D

It depends entirely on the law in your state. Absent a law (we don't have one) it depends on your company policy. Absent that, it depends on what you want to adopt as a practice. I'm in this camp, however: I don't allow anyone to dictate to me what I will give them or when I will be available to meet with them. I would tell the person that either she or her attorney must send me a request letter. More than likely I will always tell them it will not be released without subpoena. Period. All this hooey about 'they are going to get it anyway' may be partly true. Still, a process is a process. I'm not in the business of responding to requests from ex-employees or their attorneys. And there's another thing I refer to as 'California Hooey'. That's the notion that you should not appear adversarial and you should invite the ex-employee for tea and crumpets and hand them the file in a lavender envelope. The adversarial relationship has already been established, and NOT by the employer. That same hooey suggests that in an adversarial relationship (like the one you have), one party is compliant (the employer) and the other is demanding (the ex and her lawyer). I ascribe to the theory that in an adversarial relationship, both parties are adversaries.

System

I agree 100% with Don. The personnel file is a COMPANY DOCUMENT, and as such should be treated as a company confidential record, not to be released or copied to any employee (current or ex) unless under subpeona. Current employees who wish to review the contents of their file should, by policy, have to request such a review and have them review the file in front of a mangement rep. Do not allow employees to copy any file contents, remove or add to the file, or let it leave the room in which it is being reviewed. Unless your state law sayeth otherwise, make it well known to employees that such files are the property of the company, not the employee, and that they have no "rights" to do as they wish with those documents. Period. And don't fall for the age old trick where an attorney writes you a letter and says to forward all such files to him/her because they are representing your employee. Toss the letter, and don't provide anything unless you recieve a subpoena.

sandra_d

As has been said, it can be entirely dependent on your state law, and I do not know about your state. In MN, a former employee has ONE YEAR to request (in writing) a copy of their employment file, to which the employer is obligated to respond and provide.

lorrie

I agree with not providing copies unless required by law. And then, find out your rights and produce the documents as required, not as requested; and charge for copies if allowed by law.

Rockie

Our policy is not to give an ex employee anything in their personnel file. A subpoena is necessary if they wish something.

If a current employee wishes to review their personnel file, they have to do so in the presence of an HR representative and cannot take anything out of their files.

I understand this may vary from state to state, but in SC, there is no law to give employees, past or present access to their personnel files - this is set by company policy.