Do I have the right to ask for my personal file after I have been terminated?

Do I have the right to ask for my personal file after I have been terminated?

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6 Comments

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  1. Anonymous

    I’m wondering about this too. Any HR people out there who can answer this?

  2. Anonymous

    Yes, but if there is some possibility of wrongful termination, I would suggest you have a lawyer request it.

  3. Anonymous

    You can request it and have every right to receive it but the company may drag their feet.

  4. Anonymous

    You can ask for it, but if you signed a doc crafted by their legal team that it is proprietary info, then they are not obligated to give it to you. The only time that could be overrides is if you file an EEO complaint to where it goes to court and your attorney subpoenas the information during the discovery phase of the trial to use as evidence. I guess the question to ask yourself is why do you need it. If because you are applying to another position within the same company, sure it would be helpful to find, but unless you work for govt and switching from one agency to the next and depending on the agency they may or may not ask for your performance appraisal. So if it is none of the above, where its not needed to submit for a new job, then probably not worth the effort to go through HR to retrieve. Remember you still would want your manager to at a minimum be neutral or positive when giving a reference for your next job.

  5. Anonymous

    What the desired outcome in asking for your files, are you pursuing litigation? Make sure your monitor your expectations with this request. You’re employer won’t turn this over unless it’s forced.

    whst are you hoping to get out of this exercise? A list of write-ups and your termination report? Help me understand what value that will bring to your current job search other than reliving this rocky exit?

  6. Anonymous

    "While there is no federal law governing personnel files, many states have passed laws granting employees the right to view or copy at least some of the contents of their personnel records."

    The link below has state-specific rules for the states where there are laws addressing personnel files.

    https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter5-2.html

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