Personnel files

[4rights]

Hello, can a previously employed worker request a copy of their personnel file?

 

[army judge]

Hello, can a previously employed worker request a copy of their personnel file?

A former employee certainly may ask for copies of his employee records.

Employers should comply with a written request sent by certified mail or overnight courier for tracking purposes.

Some employers might deny the request, but no need to worry about that bridge until it has to be crossed.

 

[cbg]

Whether an employee, either former or current, is entitled by law to see their personnel file is state specific.

You may always ASK. But in Ohio, even a current employee has no right under the law to see or have a copy of their personnel file. There is no harm in asking, but if the employer refuses there is nothing in either Federal or Ohio law that is going to force the employer to release it, short of a subpoena.

No conclusions should be drawn by the employer's refusal. Many people are tempted to conclude that, "since they won't let me see my file, that must mean there's something in it that will prove I was illegally treated". For this reason I always advise employers to allow employees access to their file when they ask. However, many employers believe that the files are company property and that no employee should be granted access, regardless of how squeaky clean the file may be.

 

[4rights]

Thanks army/cbg, I should have been more spcific, obviously one can *ask* for anything, Can you point me to the specific laws for such matters in Ohio cbg? I cant seem to find them.

 

[cbg]

As I explained in the other forum where you posted this (you may not have seen it yet; it wasn't too long ago) you can't find them because there aren't any. It's not that there is a law giving an employer permission to withhold access; it's that there is not a law ordering them to grant it. In the absence of a law that says one way or the other, it's up to the employer to decide. And in Ohio (and, frankly, in most states - there are states that grant the employee guaranteed access to their file but they are in the minority), there are no laws addressing the situation, meaning that it's up to the employer to decide.

 

[4rights]

Ok thanks for that explanation cbg, makes sense. I asked you on the other site if its a fact you know or are just unaware of. I would hate to search for hours if someone already knows. Thanks.

 

[cbg]

I answered over there but I'll tell you here too. I KNOW that there is no such law in Ohio.

 

[4rights]

I answered over there but I'll tell you here too. I KNOW that there is no such law in Ohio.

Ok great thx. Think Im still going to go there and give them the opportunity to give me a copy upon my request so they cant say I didnt ask later.

 

[cbg]

No reason not to ask. I"m not saying they won't, only that they're not required to.