Employee's Peronnel Files

WMCGray1974

My question is when an employee is terminated from your company and want a copy of his/her personnel files, can a company keep an employee from having a copy of everything in the files or is it against the law.

ray a

Probably state laws will vary, but if an ee asks me for personnel file copies before they complete their last day, I will give them copies of anything they've signed. If they call after the termination date, I don't give them anything unless subpeoned.

System

Our employee handbook policy also states employee files are company property. Employees can review their file in the HR office but may not remove anything. Like Ray, we will give them a copy of anything they've signed before their last day, if requested. If a copy of the file is requested after termination, we will release it only if subpoened. After termination, we charge .10 per page plus postage.

Nat

[font size="1" color="#FF0000"]LAST EDITED ON 05-14-07 AT 11:30AM (CST)[/font][br][br]We do the same as Ray a. I do inform the former employee that they are welcome to make an appointment to come and review their file in my presence but no copy. We also have a statement in our employee manual that states that the personnel file is the property of our company. I enjoy the letters from former employees demanding copies and using bits and pieces of legalize to try to get it.

joannie

I allow employee to review file in my presence, but they are not allowed to copy anything. Everything in the file is company property.

Dutch2

State Laws do vary. Many states require that the Er allow the emloyees to inspect and make copies of their personnel file and any other personnel information maintainted by the er. Best check with your state laws. If you are also a memeber of SHRM key in Personnel Files in their search engine and you will find tons of information.
Good luck...

Pattie

I'd highly recommend checking your State law. Here in NH, the law requires employers to provide copies of the personnel file - even to former employees.

allsteaks

Lesson of the day is, whether you provide copies willingly or receive a subpoena, be very careful what information and material you place in the Personnel file because it can and will be held against you!!

joannie

Allsteaks, that is very good advice. I was given the following several years ago. Not really sure where it came from, but it seems to be a good guideline to follow.

What should, and should not, be included in the personnel file?

What should be included in a basic personnel file:
• employment application and résumé
• reference checks
• college transcripts
• job descriptions
• records relating to hiring, promotion, demotion, transfer, layoff, rates of pay and other forms of compensation, and education and training records
• records relating to other employment practices
• letters of recognition
• disciplinary notices or documents
• performance evaluations
• test documents used by an employer to make an employment decision
• exit interviews
• termination records

What should not be included in a basic personnel file:
• medical/insurance records
• EEO/invitation to self-identify disability or veteran status records
• immigration (I-9) forms
• safety training records
• child support/garnishments
• litigation documents
• workers' compensation claims
• requests for employment/payroll verification

Paul in Cannon Beach

If asked, I will provide an employee access to review their personnel file and a copy of anything in it.

ray a

Paul, the question was about terminated ee's. Do you give them copies of anything after they are no longer in your employe?