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Hello,
I know that an employee has the right to see his personnel file but is it allowed to make copies of the entire employee file and give to the employee (the employee has resigned and is about
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Employee file
posted at 7/16/2009 6:24 AM EDT
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Posts: 59
First: 9/5/2008
Last: 9/4/2009
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Hello,
I know that an employee has the right to see his personnel file but is it allowed to make copies of the entire employee file and give to the employee (the employee has resigned and is about to leave the company)
Is there a Federal law of the Right to Know?
Thank you.
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Employee file
posted at 7/16/2009 6:27 AM EDT
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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Not all employees have the right to see their files - it depends what state they're in. Whether you have to photocopy the whole file or not also depends on the state they're in.
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Employee file
posted at 7/16/2009 6:29 AM EDT
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Posts: 59
First: 9/5/2008
Last: 9/4/2009
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Is there a site to check that would state the EE rights by State?
Thanks.
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Employee file
posted at 7/16/2009 6:30 AM EDT
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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And BTW, I have never heard of anything called The Federal Law of the Right to Know. If your about-to-be-ex-employee is quoting this to you, please be advised that it probably doesn't exist.
Just curious - why does he want to have his file? (You do have the right to ask.)
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Employee file
posted at 7/16/2009 6:41 AM EDT
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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Why don't you just go to the employee's state DOL site? (Google is your best friend for this...)
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Employee file
posted at 7/16/2009 6:48 AM EDT
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Posts: 3870
First: 2/12/2002
Last: 11/2/2009
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This request by the employee should be sending you a huge, huge warning message. Usually the reason a resigning employee wants a copy of his/her file is to give to an attorney so they can figure out if there's enough to file a lawsuit.
Check your state's department of labor website for info on what the employee is or is not entitled to regarding the file. If you're not required to provide the employee with a copy, don't do it. If the law requires you to allow the employee to review the file, comply with the law but make sure that you're in the room with the employee when he/she does.
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Employee file
posted at 7/16/2009 6:56 AM EDT
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Posts: 410
First: 1/26/2006
Last: 11/15/2010
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What state's law are you interested in??
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Employee file
posted at 7/16/2009 7:19 AM EDT
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Posts: 59
First: 9/5/2008
Last: 9/4/2009
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We're in MA.
Thanks for the suggestion with DOL...i missed that.
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Employee file
posted at 7/16/2009 8:35 AM EDT
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Posts: 410
First: 1/26/2006
Last: 11/15/2010
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Massachusetts does have a law mandating access to and allowing copying of relevant personnel records. See Mass. Gen. Laws Ann. ch. 149 section 52C for specifics.
Dave Arnold, Ph.D., J.D.
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Employee file
posted at 7/16/2009 8:54 AM EDT
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Posts: 59
First: 9/5/2008
Last: 9/4/2009
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Many Thanks!!!
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