Confidentiality of former employee's personnel file

melba

We have a former employee who resigned and now wants to come back to work for our company. The prospective supervisor wants to review the former employee's personnel file. I've told her that the former employee is eligible for rehire, but that she can't view the file. Does anyone have anything (law, case, etc.) that allows me to let the prospective supervisor view the file for performance or disciplinary issues?

Peyton Irby MS

Since this is a former employee who wishes to return, there is no prohibition on an employer utilizing its existing information as it deems necessary. Unless there is something in the file of a personal nature which the supervisor does not need to see, you are ok to let her review it.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Dutch2

I agree. I encourage current Supervisors to review the personnel files of former employees that they are considering to hire. You should look through the file yourself, just to make sure that there is nothing in it that they should not see. It is amazing how some things can be missed filed over the years, etc... no matter how hard you work at keeping them in order.

Paul in Cannon Beach

Maybe I am missing something but its pretty standard here for a supervisor to look through the personnel file of an ex-employee who has re-applied.

Assuming you aren't putting medical information, WC claims, etc in the personnel file.

HRCalico

Concur with above - reviews, discipline, etc. are all very valid for a supervisor to consider. But definitely NOT anything protected by HIPAA.

hrdir03nafcu

melba:

I would agree with, and add to, HRCalico's caution. In the age of ID theft, we are extremely sensitive to who needs to have access to SSNs, personal health info, and other personal info that, in the wrong hands, might be used against an EE.

Our solution to this has been to carefully segregate info in our personnel files. We keep separate folders for (1) personal , salary, and tax info, including SSN, etc., (2) benefits info, including health plan, 401k, FSA, etc, (3) performance reviews and commendation/disciplinary memos.

Our policy clearly states that a supervisor or prospective supervisor may request to see the performance folder (#3, referenced above)-- but all others are off limits. Also, outside of authorized HR staff, no one is allowed to see an EE's, or an ex-EE's, performance folder w/o supervision by an authorized member of the HR staff-- to preserve the integrity of our files.

I would caution AGAINST allowing the prospective supervisor access to anything more than the performance materials in the ex-EE's file.

System

I would just add one more item: have the HR mgr present while the file is being reviewed so as to remove any possibility something gets removed /added to the file. Do not allow any copies to be made either - the file should remain completely unaltered. I would also discourage any note-taking to prevent copying confidential info, like was eluded to in one of the posts above (i.e. soc number, etc.)