Personnel File Access Law

HRCathy

I recently had to lay off several individuals. One of them wanted copies of their personnel file. I gave it to him, but now he wants copies of WC files too. There is nothing in the law that covers that specifically. I don't have a problem giving him copies, but I would like to know if I am obligated to do so. The law only talks about records pertaining to employment. This same person's wife was throwing garbage around my parking lot while I talked to the employee, so I am not in the helping mood right now either. Thanks for any help.

marc

Lots of this is state law specific.

My attitude, in general, is not to allow copies of any company records unless they are subpoenaed.

HRinFL

[font size="1" color="#FF0000"]LAST EDITED ON 05-26-05 AT 01:09PM (CST)[/font][br][br]We have always taken the position that an ee is entitled to a copy of anything s/he would have received (i.e. counseling statements, performance, evaluations, etc.). Most of our forms are in triplicate, so the ee should have received a coy at the time the document was presented to the ee. I know sometimes they lose it, so we will give them a copy of those documents only.

For W/C, the ee should have received a copy of the doctor's notes (i.e. restrictions, when the ee could return to work, etc.). I would provide that documentation, but IMHO, the Adjuster's log, correspondence between the carrier and er are proprietary. I would not give that documentation to the ee.

That is all absent a subpoena, as Marc stated. For us, there are parts of the Adjuster's log that are privileged. This is when the Adjuster is discussing a case with out W/C attorneys. Even when we provide those pursuant to a subpoena, we provide a redacted [sp?] copy and identify the documentation on the privilege log.

LivindonSouth

If the comp situation resulted from exposure, blood borne pathogens and a few other situations, federal law requires that they have access to that, regardless of state law or employer policy.

If that is not the situation, I would not provide anything from a medical or comp file, period, without a subpoena. It's best to get legal guidance on that, even when you have a subpoena. Depending on the depth of the comp case, you may well have attorney-client privileged documents in the file or other items the attorney will not want given to him.

I'm in the middle of four (4) ex-employee situations right now where attorneys are involved on both sides involving comp or comp denials. Very tedious and time consuming, but nothing is released without the above being done.

HRCathy

Thanks everyone. After looking at the law, it seems to me that he has a right to copy the files. There are no specifics on medical, but I checked with SHRM and their opinion is that since it is not specifically stated that it is an exception, they have a right to the information. There is no "case". He just wants copies. I'm sure he is fishing for something, he won't find anything though. His wife is not a very nice person and she is very angry that he lost his job. We down-sized.

LivindonSouth

I don't understand. You say there is 'no case' but he wants a copy of his WC file. If he has a WC file, there must have been a WC case at some time.

Additionally, I would caution you that SHRM is nothing more than a giver of opinions, just like we are. Good luck to you with this one.

Crout

Read your State law carefully. If you're talking about a former employee, the law may not apply. Most right-to-access laws pertain to current employees.

Sue2

We provide copies of only documents the employee has
signed. Other information would have to be
provided through a subpoena. I would be careful on this one. Crout makes a good point.