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Must we turn over personnel file to former employee’s attorney?

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in Office Management,Records Retention

Q. We fired an employee based on an eyewitness account of theft. We documented that report and put it in the former employee’s personnel file. That person has now hired an attorney and asked to see the file. We believe we have no obligation to respond. Do we have to turn it over without a subpoena?

A. You are not obligated to do so. Pennsylvania’s Inspection of Employment Records Law only requires employers to allow current employees and their designated agents (as well as those who are laid off with re-employment rights, and those who are on leaves of absence) to inspect, but not copy, their personnel files.

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