Personnel Files

GLC

I received a request from a former EE to get a copy of her personnel file. I was not here when the EE worked for our company. She was fired (1995)a few years before I started. I don't know why she wants the file. Our company policy only states that current employees can view their personnel file in the presence of someone from the HR dept. I know under the Open Records Act public employers in KY must allow current and former EEs to inspect and copy their file. Has anyone heard of any other law that would mandate that I give this person a copy of her file. I had not planned to copy the file, but if she insist, I want to be prepared to tell her we don't have to do it.

marc

To my knowledge, this is State Law driven. In Nevada, we would not have to provide anything to an employee who was gone as long as this one has been.

davids

In Oregon, we would have to provide the file, if we still had it. We would be allowed to charge the former employee for the cost of locating and copying it. But the real question in my mind is: Why not provide it (assuming you still have it)? There can be a variety of reasons why the former employee wants the file. What's the down-side of providing it?

marc

I think it is a red flag and the first easy step to a lawsuit. I say if the Ee is thinking of getting lawyers involved, then why make it easy for the lawyer to go on a fishing expedition in your files.

Let them go to the hassle and expense of subpoenaing the files - then get your own lawyer involved. This tactic may weed out those that don't want to work at it.

mbeam

It's worth the call to the local attorney to get legal advice upfront.

Good record retention question - worth looking at the length of time that you have to hang onto these type of records.

ACU Frank

I'm trying to think of the actions she could still file 12 years after her termination...

Rockie

Don't know what issues could be raised at this late date. Everything that I could think of is well past the statute of limitations.

I never give former employees anything. They have to go thru an attorney.

njjel

I keep terminated personnel files for 7 years just because that's a rule of thumb in some instances. What is the actual # of years we need to hang on to them?

allsteaks

>I keep terminated personnel files for 7 years
>just because that's a rule of thumb in some
>instances. What is the actual # of years we
>need to hang on to them?


With the evolving HIPAA regulations I believe records retention is still being defined. Our standard is 5 years. We do not provide copies of employee's files because they are Company property. We will provide them copies of file items that they would have received a copy of anyway, i.e., disciplines. But that's all we provide without a subpoena. The same rule applies to our union representatives: view but no copies.

ACU Frank

My basic rule of thumb is this: You can look, but you can't take... The exception is that I'll make you a copy of anything that you were (or should have been) given a copy of at the time. I've heard it put another way - You can have a copy of anything in the file that ALREADY bears your signature.

doneill

Our records retention schedule for personnel files is 10-years after employee separation. Retention schedule is driven by the Secretary of State, Archives Division. (Oregon)

Depending on your retention schedule, the file may have - or should have been destroyed. In that case, you have nothing to worry about because you wouldn't have a file on this person.

If I were you, I'd begin by checking the retention schedule for your state.

Nevada HR

It really is state-by-state...

According to Nevada Revised Statutes, a former employee can request a copy of their files within 60 days of termination of employment.

NaeNae55

The industry you are in makes a difference too. For instance, I have read that it is recommended that hospitals keep employee files for 30 years. The idea is that you have to keep medical records that long, and if anything comes up with one of the older files, you might need the employee files to prove something.

We keep almost all of our records for 7 years due to tax laws, including employee records. If we have a state law for this, I am unaware of it.


Nae

HRVolley

Does anyone know the state law in Ohio for copies of personnel files and how long to keep them. I have given a few termed employees copies of thier personnel files. Mostly just reviews and disciplinary actions. Hope I am right on this.
HRVolley

marc

I'll bet your State's version of the DOL can assist you. An on-line search or a phone call should get you that information.