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  • Angry former Employee California

    Today we received a request letter from a former employee (A) for their personal file, another employee's (B) file, phone conversation tapes, and incident reports involving this employee A and the employee B.
    Employee A was terminated based on violations of company polices and after formal warnings of their performance.

    Employee B was involved in an heated exchange with employee A, unrelated to the grounds of termination.

    I think I know the answer, but can employee A request the items w/o a subpoena? I believe employee A is trying to build a case against employee B and that she was wrongful terminated because of employee B. Thanks!

  • #2
    Anyone can "request" anything. I can request that your company give me a million dollars. However I can think of no legal reason what-so-ever why your company would want to give one employee a different employee's file unless a court told you to.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by SVA View Post
      I think I know the answer...
      If you think you are the target of a lawsuit, you should retain a labor lawyer in your are for specific, ongoing advice. In the meantime, a few to chew on:

      1. California residents have a constitutional right to privacy. Consider this carefully before giving one employee access to another employee's personnel file.

      2. An employee is generally NOT entitled to a copy of his/her personnel file - only access to it. An employee is, however, entitled to receive copies of documents he/she signed.
      Barry S. Phillips, CPA
      www.BarryPhillips.com

      IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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