Access to Personnel File

[crackerjack]

What is the name of your state? Pennsylvania
I’m looking for some information regarding Pennsylvania Employment Law, specifically as it pertains to the Personnel File Act. I am aware that PA has a law governing an employee’s right to review their personnel file. I have spent the last 3 hours trying to dig a little deeper into the scope of the Act, but have come up empty. My position with my employer was recently “eliminated” and I decided to exercise my right and requested the opportunity to review my file. After a bit of a fuss, the HR VP finally agreed, and scheduled a time for me. When I was given the file, I was surprised that some items I expected to see were non-existent. I asked her if the file was complete, and she replied that “the file was as complete as they wanted me to see”. This is where my question surfaces. Is an employer permitted to remove from the file anything they care to; anything they don’t want an employee to see? I realize there is a list of things such as medical records, or something relative to criminal actions, but my "missing" items would be in the nature of employment actions like disciplinary matters.

The circumstances leading up to my position elimination were interesting to say the least, yet none of the documentation I expected to find was available to me. Which actually raises a related question; if a “complaint” is lodged against an individual that results from accusations made by others, and the employer conducts an “investigation” is there anything in PA employment laws that would indicate the accused should also be questioned? BTW a good majority of the over 50 employees have been "eliminated" within a short period of time (me included). Any helpful advice or answers will be greatly appreciated. Thanks.

 

[cbg]

I see nothing in the Personnel File Act that gives the employer the authority to "edit" the file except in the matter of medical records or investigations of possible criminal activity; however, the Department of Labor and Industry will take no action with regard to alleged errors in the file. (It says so right in the law.)

Do you KNOW that there are documents missing or are you only assuming?

It's hard to judge without knowing the details, but if you are thinking that you may have a wrongful termination claim, let me just give you some details on what does and does not consistute wrongful termination. (a) You DO have a wrongful term claim if you can show evidence that "but for" your race, religion, national origin, etc., you would not have been fired. (b) You DO have a wrongful term claim if you can show evidence that your firing is directly linked to your applying for or using a right or benefit that is protected under the law (FMLA, workers comp, reporting unsafe conditions to OSHA, etc.). (c) You do NOT have a wrongful term claim if you were fired in violation of company policy (unless the firing was to cover up (a) or (b)). (d.) You do NOT have a wrongful term claim if you were fired for doing something that you actually did not do, particularly if the evidence appears to point at you anyway (same caveat). (e) You do NOT have a wrongful term claim if the company did not follow all steps of the stated progressive discipline policy, unless contract or CBA expressly says that they will (and even then it's a breach of contract and not really a wrongful term) (same caveat). (f) In fact, you do not have a wrongful term claim for ANY reason except (a) or (b).

If you want to provide additional details, I'll be out of town after this morning but I'm sure Beth or Jetx or Hexy will follow through.