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copies of employee file requested
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copies of employee file requested
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We have a person who has resigned, and upon leaving, she asked for a copy of her employee file. I hadn't gotten to it by the time she left the office, so she asked me to mail to her everything that wa
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copies of employee file requested
posted at 12/1/2009 5:29 AM EST
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Posts: 28
First: 2/21/2007 Last: 6/9/2011 |
We have a person who has resigned, and upon leaving, she asked for a copy of her employee file. I hadn't gotten to it by the time she left the office, so she asked me to mail to her everything that was legally permissable.
Is this a normal request? what is legally permissable? |
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copies of employee file requested
posted at 12/1/2009 6:55 AM EST
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Posts: 1783
First: 11/11/2003 Last: 5/13/2010 |
The personnel copy is considered property of the employer. In most states the employer is not required to provide a copy to the employee.
Some states, however, do require that the employer provide a copy of some or all of the contents of the personnel file upon request. You should follow up your post with what state you're in, so that someone with knowledge of that state's laws can respond to your question. |
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copies of employee file requested
posted at 12/1/2009 7:15 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Do you know why the employee is requesting a copy of the file? This is not something an ex-employee typically puts in his or her scrapbook; more often, it's something that gets turned over to a plaintiff attorney.
Proceed cautiously. If you're in a state that requires providing a copy, by all means do so. But if you're not, then I'd pass on the request. |
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copies of employee file requested
posted at 12/1/2009 11:09 AM EST
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Posts: 28
First: 2/21/2007 Last: 6/9/2011 |
I'm in Massachusetts.
I don't have any strong feeling about NOT releasing her file to her. I just wondered if this was usual, if it bodes well, if there were any laws that said I MUST. I've told her I would, but then started thinking that I didn't want to overstep myself. She left on good terms, though she also had a pretty negative outlook on things a lot of the time. |
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copies of employee file requested
posted at 12/1/2009 12:32 PM EST
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
As HRPro indicated, why not. The law says, which is open to intepretation of definitions, you need to release any "record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employeeâs qualifications for employment, promotion, transfer, additional compensation or disciplinary action." Dave Arnold, Ph.D., J.D. |
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copies of employee file requested
posted at 12/4/2009 3:18 AM EST
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Posts: 237
First: 7/10/2007 Last: 8/31/2011 |
I have always provided an employee with any document which they have signed or given to me. (They should already have a copy of it anyway) As the others have said above, hereâs little to gain by denying them and may actually incite them to seek legal advice. |
Forums » Topic Forums » General Forum » copies of employee file requested
