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re: Are former employees entitled to personnel file
Posted on 7/18/20 at 5:59 pm to LegendInMyMind
Posted on 7/18/20 at 5:59 pm to LegendInMyMind
quote:
I can say that I know a person who was in education, but not a teacher, who nearly sank a school district because they wouldn't give up their personnel file. In the end, it had been doctored and they were hiding a whole lot.
Yeah, here in schools if you’re writing anyone up, doing evaluations, etc. those forms all have to be signed off on by the employee before going in the file. But I’ve always been given a copy of any evaluation I‘ve ever had.
1
Posted on 7/18/20 at 6:13 pm to tigersbb
Hell no. It is the property of the company. Make them get a lawyer and sue for it. Then make them pay photo copy costs.
Posted on 7/18/20 at 6:31 pm to JudgeRoyBean
I understand the H R director’ s job is to protect the employer, however, they are not protecting the employer if the employee is entitled to their file and they refuse to provide it.
Posted on 7/18/20 at 6:46 pm to tigersbb
quote:In Louisiana a discharged employee is going to get the bare minimum of information from a former employer. More especially now from what you’ve said as the tenor of the relationship is trending towards the adversarial.
I understand the H R director’ s job is to protect the employer, however, they are not protecting the employer if the employee is entitled to their file and they refuse to provide it.
Employees are given many docs during a 14 year tenure, you/they can pound sand before you‘ll get a second copy of those.
Move on with your life, or tell your “friend” to move on.
Posted on 7/18/20 at 7:21 pm to tigersbb
quote:
the employee is entitled
You lost touch with the earth with this statement. The employee is entitled to nothing. If you think you have a case, get an attorney but you are wasting your time thinking they are going to hand over something that you might be able to use.
Posted on 7/18/20 at 7:25 pm to tigersbb
Got doxxed?
Posted on 7/18/20 at 8:02 pm to BluegrassBelle
quote:
Yeah, here in schools if you’re writing anyone up, doing evaluations, etc. those forms all have to be signed off on by the employee before going in the file. But I’ve always been given a copy of any evaluation I‘ve ever had.
quote:
But I’ve always been given a copy of any evaluation I‘ve ever had.
As long as that is the case, you're good. But if a "write up" or complaint is added to your file without your knowing, it is a major problem. And if that is used against you, used in effort to force you retirement or resignation, that is a major problem.
Posted on 7/18/20 at 8:34 pm to Beessnax
quote:
You lost touch with the earth with this statement. The employee is entitled to nothing.
It was a simple question, no need to parse words.
Are employers required by law to provide personnel files in whole or in part to a former employee who requests it? It makes no difference what the H R director believes they should be doing to protect the company. It makes no difference what the employer believes. It does not matter why the employee wants the file. The law is the law. Either the employer must provide the file documents or not.
I was hoping there would be someone with HR experience or who had faced the same situation as my friend. If you have nothing more to offer than a smarmy comment, get lost.
While I appreciate the comments regarding former educational system employees they are likely covered by collective bargaining agreements.
If you know the answer please state yes or no to the question.
This post was edited on 7/18/20 at 8:37 pm
Posted on 7/18/20 at 8:44 pm to tigersbb
First glance I’d say no as it’s a business record of the company and the employee has no ownership interest in it. HR or whomever created it on company time for company purpose so I don’t really see where employee can compel it absent subpoena power.
Posted on 7/18/20 at 9:21 pm to tigersbb
Medical records from the employer such as drug tests, physicals, and anything to do with workman’s comp yes. Personnel files related to an employee’s conduct and performance no. Get a lawyer if you want that. Any reputable company would’ve given the employee a copy of disciplinary actions or the like with the company. If they didn’t an it wasn’t signed for then you run into hurdles. It’s basic business practices. Doesn’t take a genius.
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