Do we have to give employees copies of their files? 09-07-2005

We have an unwritten policy that we do not give former employees copies of their file without a subpoena. We have employees in AL, FL, CA, TX, NY, and DE. I need to find out where to go to confirm we are on solid ground with this or if we need to change this policy.

Rita Risser replies:

In California and many other states, legally you must give employees copies of anything they have signed, e.g., performance appraisals. 35 states have laws relating to personnel files - most of these require you to give employees access to their files, though not necessarily make copies. You need to hire an attorney who can do the research for you in each state - or just let the employees have copies, for gosh sakes. I can't imagine it is that big a deal. Let me say if you have that many employees demanding copies of their files, it is a symptom of a bigger problem!

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