EE w/ lawsuit wants to see HR file

deniseE · May 2004

We have an ee in litigation with us over EEOC violations that wants to view her personnel file. Typically, we'd just schedule a time and allow her to come in, but we're concerned about the impact the litigation may have.

Since she is involved in a law suit, can we tell her to get a subpoena or should we let her view her file, like any other ee?

Rockie · May 2004

Typically, EEOC requests a complete copy of the personnel file. I would tend not to give an employee in litigation anything without checking with our attorney first. This request doesn't make much sense.

AJ SPHR · May 2004

Denise, doesn't PA state law require that you respond to a request from an employee to view their file? I know you don't have to let them make copies and you don't have to let ex-employees view it, but I believe in PA you would need to let her look at it and she can make whatever notes she wants from it. I would let her view it, otherwise you look obstructive and a little guilty.

Don D · May 2004

Has she filed a charge with the EEOC or does she have an attorney proceding toward litigation against the company? The EEOC will always require from you a copy of the personnel file and that of any other ee named in the charge. If she is still employed and your state says you must, then you don't have much choice; but, I would do this: Go through the file completely yourself to make sure no inappropriate documents are there, such as a medical form, an I-9, a document that should be in someone else's file. Schedule a time when it is entirely at YOUR convenience. Set a time limit and announce it to her, say 15-30 minutes, max. Sit right there with her as she leafs through the file. Allow no copying or removal. Have no discussion or conversation with her other than an exchange of pleasantries - She has established an adversarial relationship and is threatening action against the company and perhaps you. You should not help her build that case by letting her shove you into a corner and making an inappropriate response to her. Do not leave the room for any purpose other than a fire in the building.

deniseE · May 2004

That is pretty much what I thought....and yes...PA regs require that we give her access...

She had been represented by an attorney in the EEOC matter, but we think he dropped her after recieving his requested discovery (not a likely win for him).

I hadn't given much thought to the possibility that she might want to ask questions...good point about keeping quiet Don.

I'm not sure 30 minutes would be long enough for her to leaf through her file!!!!! x:D

Don D · May 2004

If not, you certainly have the right to break after 30 minutes and reschedule another 30 two days later. Don't let HER manage YOUR time. And she will certainly question you about forms, "What's this? I don't remember signing this." "When was this, I don't remember this?" My answer would be, "The file speaks for itself".

If she does have an attorney, I would certainly put mine on alert to this request. An old rule of thumb is once they mention having a lawyer, it's time to tell her, 'tell yours to contact mine'. Don't overlook the possibility that she will very likely have a mini recorder on her while going through her file. Don't get paranoid, just damned near it.

KathiHR · May 2004

Does your attorney know of her request? We had this exact same request & our attorney said absolutely not. (And we have nothing to hide). He wrote her a letter directly (because she was not represented) saying that since she had filed, we would deal directly with the EEOC in providing all requested documents & her attorney could get the documents from them. If your state law requires access, then your attorney will know how to comply and still protect your position. Also, you say an ee and our case was a terminated ee, so not quite the same. In our case, the ex-employee was attempting to gather info beyond what would be contained in a personnel file and then use that to prove that we didn't provide everything to the EEOC. Why would we assist her in that exercise? Your ee is looking for something to support her position. Be careful how easily you hand it over to her.

madison31401 · May 2004

We allow employees to see their files and if they want a copy we make it. Nothing is in the personnel file that the employee has not seen and usually signed. I always take a look at it first to make sure nothing is there that shouldn't be - i.e. requests for sick leave from 20 years ago, I -9, etc. Our postion is employees have complete access to their own file. Once a copy is made and a new request for info is received, we only copy from that point forward. (We annotate on the front of the file that a copy of complete files was made on 1/1/01 and annotate if additional later information has been copied.) To date (and I've been doing this for over 20 years) we have never had a problem with this.

HRH · May 2004

Could you tell me what other things should NOT be in a personnel file? Your answer peaked my interest. I know about I-9's and any medical reports; are there other things I don't know about? What about notes on behavioral problems, manager's notes, etc?

Pork · May 2004

HRH: I would pull anything that does not have her signature on it. Company mail does not have to be made available to the ee unless it is very positive. Handwritten notes that are written on evaluations and pay increase forms must stay and be reviewed by the ee. Management transactions and personal information does not need to be shown to the ee, but then get it out of there before the record is ordered to be turned over in its entirity.

PORK

EE w/ lawsuit wants to see HR file

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