If you quit or are fired, can you legally have a complete copy of everything in your employee file? What do you do if, after getting copies, you don’t think that you got everything? What can happen to the employer if they destroy a document in your file?
Been there, sorta. Not fired, tho.
You can look at your file.
Nothing, it’s theirs.
When I worked in the H/R office you had the legal write to view it.
Don’t know about copying it.
But when I was a manager I kept a record on everything. Everytime good or bad I talked to my employee I documented it. That I never sent to H/R till after they quit.
If it was an oral warning or write up I sent it but not much else.
I know it’s weird but I keep the systems info (sign offs for email, internet and computers with me not H/R, I also keep the attendence record with me in Excel. (for the Sales and Executive dept)
I am positive that stuff isn’t in the H/R file as I never gave it to them…hmmm I wonder how many files you have.
I never really thought of it before but since the General Manager asked me to keep those (they never tracked it before) and he is gone I bet no one knows I do it. If the hotel was to produce the file in court they wouldn’t get that as I bet know one would ask for it.
The law varies from state to state; to find out what is true in your state, ask a competent employment law attorney.
Very few people who aren’t competent employment law attorneys are qualified to answer the question correctly; ignore what they say on the subject.
To get a thumbnail idea of what the law might be, you can often obtain self-help books on most legal subjects, including employment law. The caveat to such books is that they either have to be intentionally vague (representing the chance of variation among the different states), or they can steer you to an incorrect assumption (if they don’t mention the variance).