Q. We recently terminated an employee for inappropriate workplace behavior. About two weeks after his last day of work, I received a letter from him requesting a copy of his personnel file. He did not state why he wanted it (although I can guess), and I’d rather not give him possible ammunition to use against the company in a lawsuit. Are we required to provide terminated employees access to or copies of their personnel files?
A. In some states, employees have an absolute right to review and receive copies of their employment file, but that is not the case in Indiana. An employee’s file remains the property of the company at which the employee worked, and the employer is free to refuse any informal requests for the file.
Of course, should the employee bring suit against the company, he will be entitled to receive a copy of the file during the course of litigation. However, outside such a situation, the employee has no independent right to receive or even review his personnel file.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/4670/must-we-release-personnel-file-to-employee-terminated-for-inappropriate-behavior "
- Warn supervisors: They can be held personally liable in FMLA cases
- Harassing Our Vets at Work: Unpatriotic for Sure, But Is It Illegal?
- It doesn't matter who started it! Managers must always behave appropriately
- 'Overqualified': Legit phrase or lawsuit bait?
- Set tight time limits for keeping job applications