What to do when an employee (or lawyer) asks to review a personnel file?

michr

hr4me is correct this varies by state.
some states make no provision for an employee to even see their file.
most call for the employer to provide the file in a reasonable amount of time to an employee but do not have to provide a copy or allow a copy to be made.
in a few states a copy must be allowed but can be charged for at the normal copying fee for legal documents.
in a few states a copy must be provided if requested of all items signed by the employee.

in every state payroll records of the employee must be provided if requested.

if subpoenaed of course the entire file must be provided.

EXAMPLES OF STATE LAWS:
California:
California law requires that employers allow employees and former employees access to their personnel files and records that relate to the employeeâ€™s performance or to any grievance concerning the employee. Labor Code Section 1198.5 Inspections must be allowed at reasonable times and intervals.

Texas:
(General information about personnel files: Federal law does not specifically require employers to maintain "personnel files", and it does not regulate the question of whether and to what extent employers must allow employees to view, copy, or add documents to their personnel files. However, many of the kinds of documentation needed to defend against discrimination claims and lawsuits, and other types of employment actions, are normally kept in personnel files. Some states have laws requiring employers to give certain degrees of access to their files. Other states (such as Texas) leave that up to an employer and employee to work out between themselves.

hr4me

Check your state law or the state where the inquiry is being made if you are a multi-state employer. If they have served you with a subpeona then you must comply with that order.

Most states say a current employee has the right to review their personnel file and any documents in their file. Where it gets tricky is when they want to make copies of documents, and this is where it will vary by state. Some say the employee can make copies of anything and everything in the file. Some states say they can only make copies of documents that they have signed.

Willow Natalia

An employee can view his own file at any time. I'd think anyone else (other than the person's boss) would have to have approval from a higher authority.

leysarob

Unless you are a government entity you don't have so show an employee file to anyone. With the exception of receiving a subpoena. Then you must show the file.

Todd B.

What if another non-management employee looks in your employee file to find out previous information. For instance, address, social security number, home phone number. This would be an disgruntle ex-girl friend.

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