Personnal File

[Needanswersinohio]

Is there any law in the state of Ohio that states when a employee asks to see his/her own personnel file that their place of work can deny it? What is the Labor Law on this? PLEASE HELP!!

[cbg]

I'm not where I can look it up specifically but I believe that in Ohio it is entirely up to the employer whether to allow you access to your personnel file or not.

[itsallgood]

Originally Posted by Needanswersinohio

Is there any law in the state of Ohio that states when a employee asks to see his/her own personnel file that their place of work can deny it? What is the Labor Law on this? PLEASE HELP!!

Are you in a union? If so, there should be language regarding this in your contract.

[y2kwd]

The Ohio Fair Minimum Wage Amendment takes effect January 1, 2007. Part of that law allows for and employee or an authorized representative of the employee to request a copy of an employees wage records without charge.

Employers will now have to keep on file the employees employment records for 3 years after their employment ends.

Hope this helps.

I am not an attorney, and this should not be considered legal advise.

[kcolg]

That may be true, but the employer still has the right to refuse. It is totally at the employers discretion as to whether or not to give the employee access to the file. In most cases, (as an HR Rep) we will only give you access to those items that you have personally signed.

[rjc]

Originally Posted by kcolg

That may be true, but the employer still has the right to refuse. It is totally at the employers discretion as to whether or not to give the employee access to the file. In most cases, (as an HR Rep) we will only give you access to those items that you have personally signed.

Question ... does the statute explicitly permit the employer such discretion to either refuse the request and/or determine which documents in the file it will permit the employer and/or authorized representative to view?

[kcolg]

I am not sure of the exact wording of the statute, however I do know that as an employer we do have the right ot refuse. We do also have the right to determine what the employee does or does not have access to.

[ScottB]

Originally Posted by kcolg

I am not sure of the exact wording of the statute, however I do know that as an employer we do have the right ot refuse. We do also have the right to determine what the employee does or does not have access to.

http://www.sos.state.oh.us/SOS/Elect...x?Section=1872

An employer shall maintain a record of the name, address, occupation, pay rate, hours worked for each day worked and each amount paid an employee for a period of not less than three years following the last date the employee was employed. Such information shall be provided without charge to an employee or person acting on behalf of an employee upon request. An employee, person acting on behalf of one or more employees and/or any other interested party may file a complaint with the state for a violation of any provision of this section or any law or regulation implementing its provisions.

I see this as limited access to the personnel file in that it refers only to rates of pay, hours worked, etc. Nothing in there about other items that would be found in the personnel file, such as performance evaluations, counseling statements, etc.

[rjc]

Thanks for the link Scott.

I do not read this statute to require employers to maintain and permit employees access to "personnel files" as that term is most generally defined. Rather, it is a specific mandate to keep and provide access to very general, and seemingly innocuous, employment information.

However, I do not think an employer has any right to refuse to provide this information should it be requested, however whimscally, by an employee and/or authorized representative.

[Pattymd]

I'm reading this the same as rjc. It's the information that must be released; not the documents themselves.