Can My Employee Demand To See His Personnel File?!
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It Depends On What State You Are In!!
By: Nancy E. Joerg, Esq., James B. Sherman, Esq., Alan E. Seneczko, Esq., and Joseph H. Laverty Esq.
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State laws set the rules governing employers' legal obligations to allow employees and former employees, see their own personnel files. Therefore, employers should have a firm grasp on the legal rules for employee access to their own personnel files. Thirty-five states and the District of Columbia have laws governing employee access to their own employer files. Some states have none!
WHAT CAN EMPLOYEES SEE?: Personnel files usually include documents such as employment applications, offers of employment, pay records, performance reviews, non-competition agreements, disciplinary and discharge records, handbook acknowledgement forms, and other similar work-related documents. Some state laws, such as that of Minnesota, spell out in considerable detail what documents an employee can and cannot legally demand to see.
In some states, employees have absolutely no legal rights to their files, as the files are deemed the property of the employer. But in other states (Massachusetts, for example), any piece of paper that you would review in order to make a decision about the employee's employment is considered part of the personnel file, and the employee must be granted access to it.
Questions? Contact one of our offices:
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Avoiding Employment Lawsuits
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By Walter J. Liszka, Esq.
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Over my rather lengthy career as a Management-Oriented Labor/Employment Lawyer (started November 6, 1972 with the Walgreen Company), I have seen a drastic and very unfortunate change in the Employer-Employee relationship. Over the last ten (10) years, there has been an over 500% increase in Employee Litigation. You do not need a Lawyer to tell you that Employment Litigation is expensive, both in the financial commitment and the time-productivity loss commitment. Here are a few of my suggestions for trying to eliminate or limit Employee Litigation:
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Make Complaint Reporting Easier. The earlier you learn about an Employee issue or complaint, the better it is for you. No one can fix a problem that they do not know exists.
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Connect with Wessels Sherman
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Upcoming Seminars and Events
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The attorneys of Wessels Sherman have the superior experience, knowledge and leadership to aggressively represent your business nationwide, including St. Charles, Chicago and Cook County, Illinois; Oconomowoc, Wisconsin; Minneapolis, Minnesota; Davenport, Iowa and the entire Quad Cities area.
Editors:
CLIENT ALERT Editor-in-Chief........Walter J. Liszka
Minnesota........................................James B. Sherman
Wisconsin.........................................Alan E. Seneczko
Iowa.................................................Joseph H. Laverty
Illinois...............................................Nancy E. Joerg
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The Client Alert is a complimentary newsletter published periodically for clients and friends of Wessels Sherman. We reserve the right to limit distribution of our materials to representatives of management. The materials in this newsletter have been abridged from a variety of sources and are not necessarily applicable to a particular situation. The contents of this mailing should not be construed as legal advice. State laws vary. Readers should consult with legal counsel before taking any action on matters covered by this mailing.
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