HR people/lawyers- a question

[amberlyrose]

We received our new employee handbooks today and I'm unsure about one section and I'm wondering if this is normal.
Actually, I'm not even sure if it's legal? I dunno. It makes me feel uncomfortable. We've had a few firings and I know of one person who is fighting her unemployment claims. Her files and notice of cause isn't matching what the company sent unemployment, so there is a little back story.

It reads exactly:
"Employee personnel files and driver DOT files are the property of the Company and are maintained at the corporate office. Access to personnel files is restricted. With the exception of extraordinary circumstances in the sole discretion of the Company or pursuant to the legal process, copis of personnel files will not be released or provided to employees during their employment or upon separation from employment."

[sprky79]

Whether or not the employee has accesss to his/her file is typically dependent on the laws of each state. If your corporate office is not in your state, check the state DOL for the state your corporate office is in.

[amberlyrose]

Oct 26, 2012 11:49:07 GMT -5 @sprky79 said:

Whether or not the employee has accesss to his/her file is typically dependent on the laws of each state. If your corporate office is not in your state, check the state DOL for the state your corporate office is in.

Same state. I work in the corporate office. We do have two stores out of state, though.

[kellykapowski]

Our policy is the opposite. Our employees are allowed to view their personnel files should they wish, under my supervision (HR). Additionally, they are allowed to request copies of their file and they are allowed to add notes to it if they dispute anything that is found in it.

We are in CA.

I'd check your state laws and see if your policy is allowed.

[sprky79]

Oct 26, 2012 11:51:49 GMT -5 amberlyrose said:

Oct 26, 2012 11:49:07 GMT -5 @sprky79 said:

Whether or not the employee has accesss to his/her file is typically dependent on the laws of each state. If your corporate office is not in your state, check the state DOL for the state your corporate office is in.

Same state. I work in the corporate office. We do have two stores out of state, though.

Contact your state DOL for clarification.

Also, they can say you have the right to "view" but not "keep" copies of your file. They can limit your access to a certain no. of times per year. Your state DOL can provide better assistance here.

[DefenseAgainstTheDarkArts22]

Oct 26, 2012 11:52:52 GMT -5 kellykapowski said:

Our policy is the opposite. Our employees are allowed to view their personnel files should they wish, under my supervision (HR). Additionally, they are allowed to request copies of their file and they are allowed to add notes to it if they dispute anything that is found in it.

We are in CA.

I'd check your state laws and see if your policy is allowed.

CA is typically a different animal to every other states laws.

OP - what state are you in?

[Deleted]

Oct 26, 2012 13:57:16 GMT -5 11d said:

I don't understand why any employer would not want their employee to have access to information on themselves. Please to explain.

Plus, um, if my name is on a document... doesn't that automatically give me legal right to it? (Please to explain)

1. lol. der--so you can't sue them.

2. absolutely not. the placement of your name on something does not give you magical powers over that document. see, e.g., every file the CIA/NSA ever created.

[amberlyrose]

Oct 26, 2012 13:54:15 GMT -5 DefenseAgainstTheDarkArts22 said:

Oct 26, 2012 11:52:52 GMT -5 kellykapowski said:

Our policy is the opposite. Our employees are allowed to view their personnel files should they wish, under my supervision (HR). Additionally, they are allowed to request copies of their file and they are allowed to add notes to it if they dispute anything that is found in it.

We are in CA.

I'd check your state laws and see if your policy is allowed.

CA is typically a different animal to every other states laws.

OP - what state are you in?

Colorado.

[sprky79]

Oct 26, 2012 14:04:41 GMT -5 11d said:

Oct 26, 2012 13:58:36 GMT -5 cville said:

1. lol. der--so you can't sue them.

2. absolutely not. the placement of your name on something does not give you magical powers over that document. see, e.g., every file the CIA/NSA ever created.

Good point on #2.

#1 - this pisses me off. If they don't want to be sued, don't put inaccurate information in the file.

Its not necessarily the inaccurate info they are afraid of :-)

[Deleted]

no no no. it's not that the information is inaccurate, it's that it could be used in a suit. "i was let go the day after i turned 55 and had had nothing but excellent reviews!" or there's a performance evaluation in there that's negative and hothead harry is all "i knew that fucker never liked me, he's out to get me! discrimination!" that kind of stuff.

not to mention that some information is required to be kept confidential (medical, SSNs, etc.) in certain circumstances, so a blanket no lookie-lookie policy makes it easier to ensure compliance with other restrictions.

[mookie]

I'm an HR Manager and our employees are not allowed to see their personal files. However, every single thing in their files are copies of documents they have seen, have copies of, except the company authorized medical exam they take pre-employment and annually. So, it doesn't make much sense unless THE MAN is hiding something from us ( HR fraternity).

[amberlyrose]

I wouldn't be concerned but there have been a few shady things going on. One of our branches was told in a staff meeting this morning that they better not talk to "outsiders or former employees" unless they want to see themselves on the other side of the litigation table.
Basically, it sounds like they are freaking out about former employees pushing for unemployment in an at-will state. My name has been thrown around as still talking to one girl because she and I were friends outside work and we don't really talk about business but I want to make sure shit isn't going into a file that I'm not even sure is true.
Ugh.

I contacted DOL, but I think I'm just tired of the tone of this company lately.