Q. Are we required to let terminated employees come in and view their personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file.
A. Under Pennsylvania statute, current employees have a right to inspect their personnel files. The statute does not afford that right to former employees, although some case law suggests that recently terminated employees may have the right to inspect their personnel files.
If you decide to let a terminated employee see the contents of her file, it is perfectly acceptable to send the documents by mail. In fact, the statute does not obligate you to provide copies at all, only access to inspect the file.
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