Hello,
I'm looking for information on the right of an employee or former employee to inspect personnel files. I've done some research on my own and come up with many articles stating that WV does not have firm rules regarding this. It appears there is a bill pending in the WV house to change this but it has yet to pass. I search the WV code (http://www.legis.state.wv.us/WVCODE/Code.cfm) but was unable to find anything relative.

So, my question is this: I want to request my personnel file from my former employer. Are they required to release it or allow me to inspect it?

Thanks!

Currently there is no law in WV requiring an employer to allow an employee access to their personnel file. So no, unless the law changes, your employer may refuse you a copy of your file or even refuse to allow you to inspect it.

It appears there is a bill pending in the WV house to change this but it has yet to pass.

If you want it to pass, you can lobby your state representatives. That is not hard to do. It is better if you AND others conduct a campaign to lobby the committee hearing the bill AND, if it passes, to then lobby all of the State House and Senate.

There are professional lobbies out there that may be with you. I would check with the unions first, to read their pulse. If they won't be fighting for such a change, it may be because the bill has a snowball's chance. Lobbies don't spend political capital on lost causes.

Chapter 21 is the states labor code,if that helps. http://www.legis.state.wv.us/WVCODE/code.cfm?chap=21&art=1
JoeC

Personally, I think all employees should have the right to inspect their personnel files, so I would say if this is something you feel strongly about, I'd follow the suggestions in the last two posts.

Personally, I think all employees should have the right to inspect their personnel files

As do I, but some folks like keeping the employee from seeing all the information in there, like the results of reference checks or unsubstantiated comments about work. The former could be upsetting to the employee (who was hired despite the comments) and the latter could cause tension in the work place.

There's no reason they have to be given access to every piece of paper in the file. Some states specifically EXCLUDE reference information from the part of the personnel file that the employee can see, i.e. the employer is forbidden to allow the employee to see reference information.

But the main file? Sure.

Hello,
I'm looking for information on the right of an employee or former employee to inspect personnel files. I've done some research on my own and come up with many articles stating that WV does not have firm rules regarding this. It appears there is a bill pending in the WV house to change this but it has yet to pass. I search the WV code (http://www.legis.state.wv.us/WVCODE/Code.cfm) but was unable to find anything relative.

So, my question is this: I want to request my personnel file from my former employer. Are they required to release it or allow me to inspect it?

Thanks!
Why do need them out of curiosity? One thing that has to be understood,that if the employer is sued then all the file's in all states are discoverable to your attorney.
JoeC