Q & A – April 1, 2014

medical-filesQ. Should terminated employees have access to their personnel files?

A. Typically, former employees should not have access to personnel files unless a court order or law requires it. This is because in some cases the employee may want copies to begin a legal claim against the organization.

Absent a law requiring otherwise, employers may require past employees to obtain a court order or a subpoena before granting access to their files.