Personnel Files
Every employee should have a work file or personnel file. This is where you want to keep all documents pertaining to the employee and matters relating to their employment.
The following items can be included in employee files:
General Info such as hiring documents
Medical - Keep in separate file
Grievances/investigations
I9 - Keep in separate file
Payroll records
Accidents
Warnings, write-ups, performance evaluations
Whether you keep paper copies or electronic copies, it is good practice to keep documents in separate file by category. For example, all medical documents are in a separate file under the employees name and all disciplinary documents are in a separate file under the employees name.
Employees can request copies of their personnel files. The best way for an employee or previous employee to access their personnel file is to request it in writing. However, different states provide different rights regarding personnel files. Some states have limitations on how you can access the file . Companies can also charge a fee for those copies. Some state laws does not require an employer to allow an employee to access his or her personnel file without a court order. Check with your state’s workforce department for more details.
Workplace Privacy for Employee Files
General Practice: Treat all employee information as confidential and not subject to disclosure unless a legal requirement or good defensible business reasons.
Employees can authorize release of files to other people
Must have a signed agreement by the employee to allow other people to access their files
The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request.
Some states have their own polices for sharing employees files. For example, Texas adheres to the Public Information Act.
The Public Information Act (PIA) provides a mechanism for citizens to inspect or copy government records. It also provides that governmental bodies may withhold government records from the public in specific instances.
The PIA generally requires a governmental body to release information in response to a request for information. However, if a governmental body determines the information is excepted from disclosure under the PIA, then both the request and information at issue must be reviewed by the Open Records Division (ORD). The ORD will issue a decision on whether the governmental body is permitted to withhold the requested information or must release the information to the requestor.
Under the Public Information Act (TEXAS)
Private employers do not have to release personnel documents to anyone except court ordered
Government Agencies can request personal information
Items Prohibited to be released are
Social Security Numbers
Medical Information
Invasion of privacy information (decided by courts)
