FORMER EMPLOYEE ACCESS TO FILE

HEART1 · February 2003

[font size="1" color="#FF0000"]LAST EDITED ON 02-07-03 AT 07:54AM (CST)[/font][p]As an Iowa employer, I am familiar with Iowa's state law about an employee's right to access their personnel file. "Employees" have the right to access their file with some basic restrictions. However, a "former employee," (who has brought frivilous claims since resignation in October 2002) has hired and attorney demanding copies of his personnel file or threatening a lawsuit. I am prepared to shoot back a letter stating that the Company is under no obligation to send the copies of the file. Similar previous requests by attorneys have been met with the same statement without further action. Can someone identify any obligations that we have to offer this individual file information that could potentially allow him to dig up his next battle.

Don D · February 2003

My standard reply, which is summarily opposed by some posters, to this question is to not provide the information. If he is on a fishing trip with his attorney, let them provide their own bait, rather than your supplying it on demand. Now you will hear from the group who says if you have nothing to hide, reveal it all.

Parabeagle · February 2003

I actually agree with Don. Refuse. If they want the file that badly, they can subpoena it.

Balloonman · February 2003

Tell them to pound salt, and get a subpoena listing the specific items they want. Then the lawyer will probably decide he does not want to invest any real time and energy into the fishing trip. Second if he does actually get the subpoena, then provide only what was specifically listed. If it is for the whole file, I would refuse and argue that you are willing to provide copies, for a cost of specific items, but not the whole file in general. Also include the estimate of costs at say $0.50 a page plus $20.00 processing fee, let them know this must be paid in advance, just like you have to for medical records.
My $0.02 worth.
DJ The Balloonman

Gillian · February 2003

I am one who would ordinarily state that there is no reason not to share information with a former employee because it will probably short circuit any future problems and because the employee can obtain the informatiopn anyway simply by having an attorney subpoena the files. In this case, however, I would refuse because the employee, and the attorney, have already created an adversarial environment so make then go through the subpoena process if it is that big a deal to them.

MS HR · February 2003

Don't do it! As other posters say, they are "fishing".

HEART1 · February 2003

Thank you to all who have responded to date. That backs up our position as I was hoping to find that there was nothing that we were missing.

sandra_d · February 2003

As long as you don't have a state law that requires you to give files out, you should be ok. I'm assuming previous attorneys wouldn't have just gone away if there was a specific state law on the matter. (In MN, employees have one year following separation - voluntary or not - to request a complete copy of their personnel file - at employer expense - it's the law.)

FORMER EMPLOYEE ACCESS TO FILE

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