Terminated employee's rights

goneal · July 2003

If an employee has terminated and requests a copy of their personnel file, does the employer have to provide this without court order? Our Personnel Benefits Manual has policies in place for the viewing and/or copying of their personnel file while they are an active employee, but does not cover a request AFTER termination. It does state that information is also released, upon written authorization to do so by the employee, by receipt of a court order or in response to valid government requests. Again, that indicates to me that they would have to be an active employee.

I am not sure whether there is a specific law for our state that deals with this subject or whether the employer has the right to refuse to produce it without a court order.

Thanks for your help.

Peyton Irby MS · July 2003

there is no law in mississippi which requires an employer to allow copying of its personnel files. the files are the employer's property, not the employee's. your interpretation of your own policy is a reasonable one.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

watrsflo · July 2003

In my organization, we have policies in place that allow a current employee or authorized (in writing) designee to view and copy the ee's personnel file. However, after ees separate from employment with us, access to their personnel file is through a Public Records Request only.

goneal · July 2003

Thanks so much for your prompt response. This is a wonderful tool.

mbeam · July 2003

You may want to check into the rules for your state. In WI, we are required to release records (after a request has been given in writing requesting them) within 7 business days. You can charge for the copying services.

Don D · July 2003

She has already been given the rules for her state by Mr. Irby, the first poster, who is a labor attorney in our state. She need check no further. She is under no obligation in Mississippi to comply with any request short of a subpoena and then should run it by her labor attorney. This is the case whether we are talking about a current employee or an ex-employee. Nothing other than her company policy rules in her particular instance, in her state.

Terminated employee's rights

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