Access to Personnel Files

Liz · April 2001

I am in Pennsylvania. I understand the rights of the employee to inspect his personnel file but what about a recently terminated employee? Can anyone help?

Jolene · April 2001

Liz,
It might depend if you have a union contract or written policies that state what recently terminated employees have access to. For us, we have employee policies and three union contracts which state that recently terminated employees would still have access to review the contents of the personnel file as long as the HR Director is present. They aren't allowed to remove items or add new items after termination, however they would be allowed to make copies of the contents at their own expense. Hope this helps.

Mel · April 2001

I've been advised by legal counsel in the past that you do not have to allow separated employees access to their personnel file. An exception to this would be in the case of a subpoena being issued for the contents.

Bev Robinson · April 2001

You should check your state's law on this. In NH, employees have access to their personnel whether they are present or former employees.

Theresa Gegen TX · April 2001

As the last message states, every state differs on the right to personel records. However, if there is nothing in the file that can be used against the company, you might want to let the ex-employee inspect it. (It may give you a heads up on what the ex-employee thinks is wrong, or it may defuse a lawsuit [if you don't let them see it, they might think you are hiding something]). If you do let them have access, I would make sure that they are either given access to a complete copy (not the original) or are supervised while they review the file. You do not want them stuffing the file or destroying your company documents.

Good Luck.

Gillian · April 2001

I agree with the last message. If the employee is going to file a lawsuit or discrimination charge, the first thing that will be the subject for a subpoena will be the personnel file. To refuse might be the straw that breaks the camels back and causes the employee to fight. There is usually no harm in letting such an employee see the file.

Gar · April 2001

This is a minor point but if the former employee requests copies, charge him/her for them.

System · April 2001

There is a maximum amount that you can charge an employee (or terminated employee) for copy of file. In Iowa, we can only charge $5.00 -- even if it's a 200 page file

TheCol · April 2001

There is no Federal statute that allows employees access to their personnel file. The Freedom of Information Act and the Privacy Act do not have jurisdiction over a private company. State law governs. In Florida, the employee has no right of access, the records are the property of the Company. In that vein, a terminated employee has no right of access beyond that allowed by subpoena to which you could object for cause.

L Frink · April 2001

Not sure there was a question in your description of the situation.

jmg · April 2001

What is (if any) the state law in Michigan re: an employee's right to access their employee records?

Access to Personnel Files

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