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Personnel Files Georgia

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  • Personnel Files Georgia

    I have an employee who would like to view her personnel files. However, these files contain information regarding investigations and it is very clear that she would like to report us. Our company practice is to not show the employee their personnel file unless they ask for something specific in which case we can show them that document. We are a small (less than 45 employees) private non-profit. We do have funds over the amount of $50,000 that fund the company but not this employee's salary.

    My Questions:
    • Am I required to present her file to her and allow her to make copies?
    • Is this practice legally acceptable: "It is not with in our company practice to release personnel files as they are proprietary information of the company. However, if there are any questions or any specifics that you would like for me to address I would be glad to discuss those with you.
    • What kinds of things can be reported to the DOL and what are the consequences?
    • Is this statement accurate "As an employee – I have the right to access any files that are in your record of me pertaining to performance, job duties and reprimands. My request whether it be from a personnel file or a confidential file are an employee’s right to access as a means to ascertain if things as stated above are in those files without my knowledge. To deny that right of an employee from my understanding is against the law and can be reported to the Department of Labor"


    Thank you all in advance

  • #2
    I know cbg has this info, but she's out of pocket at the moment.

    However, I doubt very seriously that Georgia has a law that requires you to allow the employee to even view his file, let alone take copies of anything and everything. Georgia has hardly ANY employment laws to speak of.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Am I required to present her file to her and allow her to make copies?
      No
      Is this practice legally acceptable: "It is not with in our company practice to release personnel files as they are proprietary information of the company. However, if there are any questions or any specifics that you would like for me to address I would be glad to discuss those with you.
      Unless the employee can get a court order you do not have to show this file to him
      What kinds of things can be reported to the DOL and what are the consequences?
      That would take forever. What are you suggesting you did wrong?
      Is this statement accurate "As an employee – I have the right to access any files that are in your record of me pertaining to performance, job duties and reprimands. My request whether it be from a personnel file or a confidential file are an employee’s right to access as a means to ascertain if things as stated above are in those files without my knowledge. To deny that right of an employee from my understanding is against the law and can be reported to the Department of Labor"
      To my knowledge that is inaccurate but wait for others to reply to be sure
      http://www.parentnook.com/forum/

      Comment


      • #4
        Originally posted by panther10758 View Post
        No
        That would take forever. What are you suggesting you did wrong?
        It is not that we did anything wrong but this woman is trying to sue for any and everything. I was hoping that there was a place with guidelines for everything an employee can report and employer for.

        Comment


        • #5
          Originally posted by Pattymd View Post
          Georgia has hardly ANY employment laws to speak of.
          Is there a central location where i can get information on state of georgia employment laws?

          Comment


          • #6
            Try this site it might hold the information you request
            http://www.parentnook.com/forum/

            Comment


            • #7
              There is no such site as you are looking for. An employee can report an employer for pretty much anything they want to. Whether or not the agency in question will pay any attention is another matter.

              It's your decision, and GA law does not require that you show her the file or allow her a copy. But in my experience refusal to show the file only fuels the flame of "my employer is hiding something illegal and I know it because they're keeping my file from me". If you want my advice, you'll take the investigatory material out of the file (many states prohibit your allowing her to see that anyway) and show her the rest. It's more likely to spike her wheel than refusing her the file will.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Agree with cbg. Employees in Ga. have no statutory right to examine their personnel file. Employer's decision.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  Agree with showing her the file minus any of the investigation information.

                  In the future when an employee insists that something is required by law, I'd ask them to provide a citation of that law. In my experience, that usually shuts them up.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment


                  • #10
                    I'd share all but the investigation stuff and references simply because whether required by law or not, I'd be willing to share that with any employee who asked. Why keep it a mystery? I would never share references or investigations absent a subpeona and discussion with my legal counsel as those items should be kept confidential and no good can come of an employee finding out who told on them, was a witness against them, or what their former boss really thought of their ability to multi-task.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment


                    • #11
                      Originally posted by ElleMD View Post
                      In the future when an employe insists that something is required by law, I'd ask them to provide a citation of that law. In my experience, that usually shuts them up.
                      That's usually worked for me, too.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment

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