walking papers

[sweett33]

What is the name of your state? OHIO
Is there any law that requires an employer to give you something in writing when you are terminated such as the date and the reason etc.?
Additionally, If an employee requests a copy of thier personnel record on file, does the employer have to comply and if so, how long do they have to do so? Lastly, if there are documents in your personnel file that were not supposed to be there (per confidentiality requirements) what action can be taken against the employer? Specifcally, this employer stated that this particular information WOULD NOT be included in the records, however, it is.

 

[Beth3]

"Is there any law that requires an employer to give you something in writing when you are terminated such as the date and the reason etc.?" A few States require that an employer provide a "service letter" upon request with that information however I don't believe Ohio is one of them. Your State DOL can tell you for certain (as can cbg if s/he stops by.)

"Additionally, If an employee requests a copy of thier personnel record on file, does the employer have to comply and if so, how long do they have to do so?" Not in Ohio. The only statutory rights you have is to access any medical records from a physical exam required by the eployer.

"Lastly, if there are documents in your personnel file that were not supposed to be there (per confidentiality requirements) what action can be taken against the employer? Specifcally, this employer stated that this particular information WOULD NOT be included in the records, however, it is" Without knowing what confidentiality requirements (?) you're referring to, it's not possible to comment. Your personnel file is an employer owned set of documents and generally speaking, the employer can put anything they please in there.

If you want to elaborate on what you mean by "confidentiality requirements" then it will be possible to respond more specifically.

 

[sweett33]

It may or may not be relevant that this employer is a "government entity". Specifcally, a Joint Ambulance District.

We have a Board of Directors. During a meeting the board went into "Executive Session" to discuss personnel with possible disciplinary action, ie; my termination. The board explained to me that the reason for my termination would not be placed in the minutes of the meeting due to the fact that the minutes are available to the public, nor would they state this information in my personnel record. Matters discussed during executive sessions are supposed to be kept confidential. The employer told me they were doing this to protect me and that it would be up to me to explain the circumstances of my termination to any perspective employers. However, when I viewed my records it contains a detailed explanation of my termination.

 

[Beth3]

Then you're going to have to refer back to any special rules or municipal protocols that apply to your employer. Nobody here would have any way of knowing what those are.

 

[cbg]

The state of Ohio does NOT require service letters. It should be noted that even in those states that do, a service letter is ONLY required on the WRITTEN request of the employee.

As Beth indicated, in Ohio the only statutory right you have with regards to your personnel file, is to any medical reports and, since you are a public employee, any records of exposure to toxic substances. ANY other personnel information is only available to you if your employer chooses to make it available.

Unless your municipality specifically prohibits placing the reason for termination in your file/public records, nothing illegal has transpired. Despite what the general public appears to believe, barring a contract that says otherwise or, in the case of a public employer, a state or municipal protocol, you have no expectation of confidentiality for anything but medical information. An employer can legally take out a billboard on the main highway advertising the reason for your termination if they choose to, as long as whatever they say is truthful.

 

[sweett33]

"An employer can legally take out a billboard on the main highway advertising the reason for your termination if they choose to, as long as whatever they say is truthful."

That's a scary thought. Not in my case but I can think of a few other people that wouldn't be happy campers.

 

[cbg]

In actual fact, most employers are pretty careful about what information they give to whom. But what most people don't understand is that THEY (the employer) own the personnel records, not the person that the records are on, and therefore they can choose to give any (truthful) information they want, to anyone they care to share it with.