West virginia right to personnel file

Posts Latest Activity Photos. Page of 1. Filtered by:. Previous template Next. Hello, I'm looking for information on the right of an employee or former employee to inspect personnel files. I've done some research on my own and come up with many articles stating that WV does not have firm rules regarding this.

It appears there is a bill pending in the WV house to change this but it has yet to pass. I search the WV code but was unable to find anything relative. Sign in. Log into your account. Password recovery. Recover your password. Forgot your password? Never take documents or papers that don't belong to you.

Never even attempt to access information, either on computer or in company files, that you have no right to know. Anything that is personal to you, such as letters of praise or thanks that were sent to you, can be removed, but do so cautiously, as it may be better to copy it than remove it from your file. Anything related to the company or the operation of the company and its business, however, should not be taken without permission.

While it may be tempting to take confidential company records or access computer files without authorization, this is a big mistake for a number of reasons. First of all, it may be illegal and you might end up facing criminal charges or civil claims as well as trying to fight your termination. Second, it may give the company an excuse to fire you where none existed before. Even if you can prove that you were illegally fired, your employer can use your misconduct to severely limit your ability to recover money or obtain re-employment in a lawsuit.

Finally, if you signed a so-called "confidentiality agreement" at the time you were hired, taking confidential documents could subject you to civil action for breach of contract. EEOC Regulations require that employers keep all personnel or employment records for one year. In the state of South Carolina, current and former employees have a right to access personal recording indicating exposure to toxic or other harmful materials. In the state of Washington, all employers are subject to the state personnel file law.

Employees may have access to personnel files at least once within a reasonable time after making a request. If there is any irrelevant or incorrect information in the file, employer must remove it. Former employee has right of rebuttal for two years after termination. In the state of Wisconsin, all employers who maintain personnel records are subject to the state personnel file law.

Employees or former employees must have the opportunity to review personnel files within seven business days of submitting a request. Access will be permitted twice per calendar year, unless a collective bargaining agreement provides otherwise.

Employee involved in a current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect records that may be relevant to resolving the grievance. The employer has discretion to require a written request. Current employees may view the records during normal office hours, either at the worksite or reasonably near the worksite.

If the employer provides copies, they may charge only actual cost of reproduction. In the event that the employee disagrees with information in the file, and cannot reach an agreement with the employer to remove or correct it, the employee may submit an explanatory written statement. Employer must attach the statement to the disputed portion of the personnel record. States with no Provisions:. States with provisions granting rights to certain Public Employees:.

The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.

Find an Employment Attorney. Workplace Fairness is a non-profit organization working to preserve and promote employee rights. This site provides comprehensive information about job rights and employment issues nationally and in all 50 states. More about Workplace Fairness. California In the state of California, every current employee, or his or her representative has the right to inspect and receive a copy of their personnel records, maintained by their employer.

Connecticut Employees have the right to inspect files within seven days after making a request, but not more than twice a year. Delaware In the state of Delaware, all employers are subject to the state personnel file law. Florida In the state of Florida, current and former employee, or their representatives, have a right to access medical record concerning their exposure to toxic substances.

Employers may charge a reasonable fee for duplicating records, Illinois In the state of Illinois, employers with 5 or more employees are subject to the state personnel file law. Employers may however, withhold medical records, letters of reference, test documents, staff planning materials, information about a person other than the employee, records subject to a court proceeding, or any records alleging criminal activity Iowa In the state of Iowa, all employers with salaried employees or commissioned salespeople are subject to the state personnel file law.

Maine In the state of Maine, all employers are subject to the state personnel file law. Massachusetts In the state of Massachusetts, all employers with twenty or more employees must maintain personnel records for three years after termination. Rebuttals become part of the file Michigan In the state of Michigan, employers with four or more employees are subject to the state personnel file law.

Minnesota In the state of Minnesota, all employers that have twenty or more employees are subject to the state personnel file law. Nevada In the state of Nevada, all employers are subject to the state personnel file law.

New Hampshire In the state of New Hampshire, all employers are subject to the state personnel file law. North Carolina In the state of North Carolina, current and former employees have a right to access personal recording indicating exposure to toxic or other harmful materials. Ohio In the state of Ohio, employees have a right to access any medical record resulting from an examination required by the employer as a condition of employment.

Oregon In the state of Oregon, all employers are subject to the state personnel file law. Pennsylvania In the state of Pennsylvania, all employers are subject to the state personnel file law. Rhode Island In the state of Rhode Island, all employers are subject to the state personnel file law. South Carolina In the state of South Carolina, current and former employees have a right to access personal recording indicating exposure to toxic or other harmful materials. Washington In the state of Washington, all employers are subject to the state personnel file law.