Am I obligated to show a requesting terminated employee their personnel file?
Scenario:
Q: I recently had to terminate an employee. Now they are calling me every day, angry and demanding to see their personnel file. Am I obligated to show a requesting terminated employee their personnel file?
Answer:
This would depend on an employer’s state of operation. While no federal law currently gives employees the right to view their personnel records, many state laws do. In Colorado, employees can request to view or obtain a copy of their personnel file. This can be done once per year for current employees. For terminated employees, Colorado law allows employees to make a single inspection of their personnel file after termination.
It’s important to note that whether or not a terminated employee still has a right to view their own personnel file is not guaranteed, even if their state of residence gives current employees the same right.
For Vida HR clients, they can reach out to their HR Business Partner for more information about personnel record access laws. Any other employers may wish to contact legal counsel if they have compliance concerns.