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Personnel Files

dcastanedadcastaneda 24 Posts
in HR & Employment Law Vote Up0Vote Down
We have an employee that is the director of a dept that has been deleted including her position. She has been a trouble maker from the beginning and is one of the first to claim discrimination for any action taken, good or bad. She has asked to review her personnel file. Does anyone out there know if Tennessee law gives the employer the option to decline this request.
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  • 3 Comments sorted by Votes Date Added
  • Bizee1Bizee1 34 Posts
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    Tennessee has no law on access to personnel files that applies to private employers. There are, however, different regs when it comes to state and local government ee's.
    That being said, (and if you are a private er), you do not have to let this ee view her personnel file.

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  • POPEYEPOPEYE 958 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 06-05-03 AT 07:32AM (CST)[/font][p]I would caution that if this is the first time you have run into this request that you are setting a precedent or if it is not the first time, your precedent has been set. Tread carefully because you know not what might be in your path!
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  • crawfodcrawfod 204 Posts
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    I work for a Tennessee city government now, and our Personnel files are definitely by Tenn law open to inspection by the employee. If an outside party asks to see the file, they can inspect also, but we have a right to protect that employee's private information, mainly the Social Security number and medical records. I do have the right to say WHEN the file can be inspected. In other words, I do not have to drop whatever I am doing to accommodate the request. I can set an appointment for them to return.

    Private-wise, once this employee files a lawsuit, records can be subpoenaed by the EEOC or attorneys. In the meantime, see if your Personnel Rules have anything on this request, and I agree with the others, what is your precedent? You could make this a lot worse if you deny her when it has been common practice to allow it.

    Finally, look in her file yourself. There really shouldn't be anything in there the employee doesn't already know about. If there is, you need to review your filing procedures. If not, let her see the file, but be a witness so she doesn't remove any documents.
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