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Personnel Files

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airwerx1

Junior Member
What is the name of your state (only U.S. law)? Georgia

Do I have the right to view or even obtain a copy of my personnel file from a previous employer, or can HR just refuse my request?
 


cbg

I'm a Northern Girl
In your state, the employer has complete control over whether or not you can have a copy, or even see, your personnel file. While my personal opinion is that in most cases the employer is foolish not to allow it, in your state you do not have a guaranteed right under the law to see it and HR or your manager can say no.
 

airwerx1

Junior Member
My former employer has previously made several different statements to the DOL concerning my seperation, and for application purposes I need to know how they are responding to third party requests for this info. Can you suggest any ways I can obtain this information?

I formerly was a teacher, and I was asked by my principal to submit a resignation (in 1 hour) in light of not being issued a new contract (which I did). Her reasoning was that 'resignation looks better in your file than non-renewal'. Was I misled here? In trying to apply for unemployment benefits- HR reps stated first I had resigned, which I had already made known I was pressured to do, and then they followed by stating I was terminated at the end of my contract. Their reasoning for this always shifted as the appeals continued.
 
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cbg

I'm a Northern Girl
Application for what? Unemployment?

Even if you were in a state where you had guaranteed right to see your personnel file, that right would NOT extend to what they were saying to a third party about you. In fact, in some states, that information is specifically EXcluded from what you are allowed to see.

If this is for unemployment, you will find out in the course of time what they are saying. If it is for something else, please explain.
 

airwerx1

Junior Member
This was for applications with potential employers. I have already run the gauntlet with unemployment, and lost that. My prev. employers responses during the DOL appeal process is what has left me so confused.
I am often asked on employment applications if I have ever resigned, or had a contract non-renewed. My previous employer on seperate occasions has made statements that one or the other has occured.

I was non renewed due to my incompleted state certification, and was 'offered' the option to tender a letter of resignation (which I did). My supervising administrator urged that resignation was better in my file than nonrenewal.
I guess the underscored portion above is the best explaination to offer potential employers.

I had been told by way of email, a few months prior to this event, that I had two more years to complete the required certification, and was really caught off guard by what happened, and how sudden it was.
 

cbg

I'm a Northern Girl
There are reference checking services you can hire to call for a reference on you. But I would agree that the underlined portion is probably your best bet.
 

airwerx1

Junior Member
I did not know about such services. I had already asked a friend to do just such a check for me, but we have not done so yet.
I have put in a request today to my old HR, but have not gotten a response yet.

Thank you for your help.
 

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