Can I give one employee a copy of a warning letter from another employee’s file?

The employee asking for the copy has a complaint against the other employee.

Posted  11-09-2011

Ann Kiernan replies:

No, I would not recommend this. The complaining employee is entitled to be kept up to date on the status of the internal investigation, to be informed of the outcome, and to be advised that, if the complaint was substantiated, corrective action will be taken. The other employee has privacy rights, even if the complaint is found to be valid.

Note that in the event of litigation, all relevant documents, which may well include the entire personnel file, may have to be produced.


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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.