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Access to personnel files?
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Access to personnel files?

I was recently terminated. The termination letter claimed At-Will employment, but I was told something else by corporate on the termination phone call, and my co-workers were told yet something else by corporate and the local manager when they announced my termination to the group the next day. I was also told during the phone call that I had been talked to in the past. I had not been! I had NO verbal or written warnings. Other employees had warnings, but I did not. In fact, I had just been told 3 weeks before the termination, by corporate, what a great job I was doing and thanking me for all of my hard work.
Questions:
Can I request copies of my personnel files from the local manager and from HR at the corporate office?
If so, what is the procedure and statute of limitations for making the requests?
Additional Details
I am in the US. The local office and the corporate office are in different states though. I am almost certain the information in the files differ, that is why I would like copies of both files.


    




Peter T
Rating
You will probably need a court order to obtain copies of any of the records belonging to the corporation. Freedom of Information and "public records" only applies to records kept in the public domain (mostly government records or at least tax funded). You can obtain the records as part of discovery if you enter a lawsuit and can show that the records are relevant. What they said and what they wrote are two different things - you will need a body of witnesses to show that they said one thing and wrote something different - their answer will be "so what? We changed our minds."
You might be able to pursue a claim if you can demonstrate that they violated written company policy, but you are probably going to need your ex-coworkers to go to court and testify against the company that they still have a job with.
Do you have recordings of who and what you were told by corporate? Did the person speaking have the authority to speak for the corporation in this matter or were they just offering a personal opinion?

You have the right to request what ever you want and they have the right to not provide the response unless you can produce a court order forcing them to comply.


BluedogGirl
Rating
You don't say what country you live in. In the U.S. most companies will allow you to access your personnel file in person, but will not mail it to you. Send a letter to HR in the corporate office and let them know that you are officially requesting to review your personnel file.


Cubs Girl
It depends on what state you are in. In most states you can request a copy of your personnel file. (Personnel Records Review Act)

You would need to request it in writing and state that you what your entire file mailed to you. Usually they have 7 days to respond and send you your information.

Some states charge a copy charge and will not release until you pay or some states just send it. Make sure you send it return mail because they can say they never got it. You can also request via email to your HR office. You are entitled you see your file. They are limitations though log on to the DOL website and search personal file review act to see what your state requires.


Heather V
Rating
By law you are not entitled to your personnel files, they are considered the property of the employer.





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