What are the privacy rights of employees?

Employees have the right to keep private facts about themselves confidential and the right to some degree of personal space. An employer that discloses private facts or lies about an employee may be held accountable in a civil action for invasion of privacy or defamation.

Can an employer add to a personnel file after termination?

Generally speaking, there wouldn’t be a reason for an employer to add to a personnel file after the employee’s termination, even if there is an outstanding discrimination matter. The company’s own documents about the investigation are kept separately from the employee’s personnel records.

Who is allowed to see an employee’s personnel file?

As a suggestion, you may want to set up a company policy that the only people that are allowed to access an employee’s personnel record are the human resources manager, the employee’s supervisor or manager, and the employee himself.

What happens if an employer refuses to give an employee access?

Employers should therefore think long and hard before refusing access. “If you refuse, the employee might decide to go ahead with a legal claim, such as discrimination or wrongful discharge, and that will force your company into another, more expensive arena,” Loudon points out.

When does an employer need to retain an employee’s file?

The U.S. Equal Employment Opportunity Commission requires that employers maintain employees’ files when there is a formal charge of discrimination before the agency. Even if the employee leaves the company before the charge of discrimination is resolved, the company must retain the file contents.

What should employers not keep in personnel files?

She has covered HR for The Balance Careers since 2000. Employers should never place particular items in your general personnel records. The contents of your employee personnel files and records are generally accessible to the Human Resources staff, the employee, and the employee’s manager or supervisor, in some companies.

Can a former employee view an employer’s personnel file?

If records are kept offsite or employer does not make them available at the workplace, then employee must be allowed to view them at the storage location without loss of pay. If former employee was terminated for reasons relating to harassment or workplace violence, employer may provide copy of records or make them available offsite.

How long does an employer have to give an employee access to a file?

Employee access to records: Within 45 days after receipt of request, employer must provide employee a reasonable opportunity to inspect payroll records and personnel records used to determine qualifications for employment, promotion, or additional compensation, termination, or other disciplinary action.