Does your employer have to give you access to your file?
Most employers keep a fair number of records on their employees: disciplinary records, performance reviews, correspondence, and more. If there’s ever a dispute or disagreement with your employer, it’s natural that you may want access to your records. But do you have a legal right to access your personnel file?
For private sector employees in Ohio, the answer is mostly “no.” Access to personnel files is governed by state law, and there is no Ohio law that provides access to your entire personnel file. There are, however, some laws that give you access to specific records related to your employment. Here’s what you need to know.
Ohio law mostly leaves personnel records at the employer’s discretion, with two exceptions
Ohio doesn’t require private-sector employers to keep records of employee discipline, performance evaluations, and so on. As with most things at work, the employer is free to set their own policies regarding the records they keep and whether employees have access to their records. So long as they don’t illegally discriminate or violate any other applicable laws in the way they implement and enforce those policies, they are generally free to provide or deny access to personnel records.
There are, however, two significant exceptions. First, Ohio employees have a legal right to access any medical records the employer has, such as records from a physical exam required for the job or treatment related to an on-the-job injury. The employee can request those records from their employer or directly from a medical professional or facility.
Second, employers are required to provide certain wage and hour information to an employee or a person acting on behalf of an employee upon request. This includes the employee’s name, address, occupation, pay rate, hours worked for each day worked, and the amount paid. The law does not, however, require your employer to provide you with any other employee’s wage and hour information, just your own.
Personnel records and your legal rights
Since there is no general right to access your employment records, it’s important that you keep your own copies of any records you have access to at any point in your employment. Save copies of your performance evaluations, disciplinary records, communications with your boss or HR, and anything else related to your employment in a place that your employer doesn’t control. For example, you can print hard copies of records and take them home, or forward email threads to your personal email address. This ensures that you will have access to those records later if your employer denies you access through their system.
Second, keep in mind that if you get into litigation with your employer, the rules of discovery apply. This generally means you’ll have access to records in your employer’s possession that are related to your case through the discovery process, although there are some exceptions. Only an attorney can tell you how the rules of discovery would apply in your specific situation.
Contact Gibson Law today
Navigating your legal rights in the workplace can be challenging. An experienced and dedicated employment law attorney can help. If you need assistance with an employment matter, reach out to Gibson Law, LLC today for a free case evaluation.
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