New Jersey | Employment Law
1/19/12, 3:38 pm
Legal Question
A terminated employee in Washington DC is requesting a copy of their personnel file. Is the Employer required to provide it?
A terminated employee in Washington DC is requesting a copy of their personnel file. Is the Employer required to provide it?
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Read More Answered By: Barry Gartenberg |
Under NJ law, the general rule is that an employer is not required to give an employee a copy. One exception is when the information sought is in connection with a claim of illegal discrimination. I don't know the DC rule.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
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Read More Answered By: John Corbett |
The personnel file is the property of the employer. There is no requirement that the employee be give a copy unless a court orders it. It is good policy not to provide employees with copies of these records unless there is a protective order in place that limits who can see them and what they can be used for. The order should permit redaction of information that is not relevant to the employee's needs or expectations such as letters of recommendation given in confidence, etc.
See also: http://info.corbettlaw.net/lawguru.htm
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