Review of personnel file for background check?

MDHRGirl

In the state of Maryland, is it legal to allow a special agent conducting a background check on a former employee review their personnel file?  Do I need a signed authorization from the former employee to release the personnel file for review?  Please help

IT HR

If you are talking about a special agent doing a security clearance check for the government, then the person should show you their credentials to make sure they are legit and also have a signed release that the person has signed giving them permission to do the investigation. This is the only time that I will allow someone else to look at a personnel file.

TXHRGuy

[quote user="MDHRGirl"]In the state of Maryland, is it legal to allow a special agent conducting a background check on a former employee review their personnel file?  Do I need a signed authorization from the former employee to release the personnel file for review?  Please help [/quote]

As a general rule, the only situations you want to give open access to employment information to third parties are with a signed release or under a subpoena demand.  Even with a signed release, sometimes you may not want to do it.  What if the record shows evidence of the Company making a mistake they'd rather not air?

IT HR

I agree that you don't want to open access to just anyone.  That is why I am very specific about when I do.  One thing to keep in mind, especially in the Washington DC area, is that there are a very large number of people that are trying to get federal or state government positions that require a security clearance.  Also many private companies have employees with security clearances in order to fulfill government contracts.  I have been told by numerous investigators over the years that if the investigator is not able to get the information from former employers, that the person can be denied the security clearance.  I will not allow someone to view the personnel file without the signed release and also without showing credentials that show he/she is an investigator for the Office of Personnel Management (OPM).  I usually know this personnel file request is coming because I have received an employment and information verification form from the OPM as well.