Legal Question in Business Law in Pennsylvania

Does a former employee have the right to see their person file that was kept by their former companies HR dept?

Asked on 12/20/11, 5:37 pm

1 Answer from Attorneys

Robert Graff The Law Firm of Robert H. Graff, LLC
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Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, a former employee does not have the right to see the personnel file. According to the Inspection of Employment Records Law, an employee is anyone currently employed, laid off with reemployment rights or on a leave of absence but not an applicant for employment or anyone else. As you ask about a former employee, unless the employee no longer works for the employer for one of the reasons listed above, then the employee has no right to review the file.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

Robert H. Graff

The Ezold Law Firm, P.C.

One Belmont Avenue,

Suite 501

Bala Cynwyd, PA 19004

(610) 660-5585

rgraff@ezoldlaw.com

www.ezoldlaw.com

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Answered on 12/21/11, 6:30 am

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