Personnel File

Johana · March 2002

We just gave a notice of corrective action to one of our emloyees. Now he wants a copy of that write up. I know that we have to let the employees see their file at any time. Do we have to make a copy for the employee?? That's want he wants.

Thanks!

js · March 2002

We make a copy of anything that we require an employee to sign. It is our feeling that if a person has to sign it, he is entitled to a copy of it. Although it is company propery, what do you have to lose if you have a valid write up? Being above board and not acting as if you have anything to hide are things that help prevent employees from visiting their lawyers.

Anita · March 2002

We always offer the employee a copy of what they sign, if they choose not to have one made at that time they are told that they can come and see me in HR and that I will make a copy of it for them later.

Why wouldn't you want to give them a copy of something that you have asked them to sign?

Also if the employee refuses to sign we have that witnessed by another manager and it still goes in their employee file and they still can have a copy of it.

ckortz · March 2002

>We just gave a notice of corrective action to one of our emloyees. Now
>he wants a copy of that write up. I know that we have to let the
>employees see their file at any time. Do we have to make a copy for
>the employee?? That's want he wants.
>
>Thanks!

Provide the copy, how can an employee correct his/her action without documentation on what they did incorrectly to bring about action.

Cathie · March 2002

I guess my question is, why would you not want to give him a copy?

Christine M · March 2002

In addition to the other good reasons listed by others, it is possible that you may be required to provide a copy by state law. In Massachusetts, if anyone requests a copy of their personnel file, or anything in it, and they provide a written request, we are required to comply within 5 days.

I went to a seminar put on by employment lawyers two weeks ago and they said that the "personnel file" extends beyond what HR controls to every note with the employees name on it, i.e., supervisor notes. They said that failure to provide everything to the employee upon written request, including supervisor notes, has been a problem for employers. Later, if the employee hires a lawyer who subpoenas the records and more is produced than was originally given to the employee, lawyers have successfully argued that the information was manufactured after the employee originally requested the file and that it should not be allowed as evidence to support the employer's position.

I suggest you check with your lawyers regarding your state laws.

Down_the_Middle · March 2002

Assuming the correction is straightforward, consistent with your policy and not liiegal............I would recommend giving the employee a copy. If the correction was administered to you, would you also want a copy??? You bet'cha. And secondly, failure to give the innocent copy now may lead to a subpoena where you're forced to produce this and many other copies. A copy of this type of document s/b as automatic as giving a copy of a benefit enrollment form.

Personnel File

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