Legal Question in Civil Rights Law in Florida

Re: Freedom of Information Act

There is no Florida or federal law that provides for access to personnel files for current or former private employees. Different laws apply to public employees, including the FOIA. (In other words, FOIA does not apply to your case unless the employer happens to be a federal contractor which might be subject to the law.)

You should send a written request anyway. (You can even say that teh request is a FOIA request as well as an individual request, in case FOIA is applicable.) Be diplomatic and civil. Simply state that you would like a complete copy of your personnel file for your records, and are willing to pay for copying and mailing costs if necessary. In that case, you would like to know the charge in advance, just in case it is very expensive.

The worst thing that can happen is that the employer says no.

Of course, if you feel there is something inappropriate in the file, then you may have to take legal action.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Re: Freedom of Information Act

No. The FIA only applies to the government. Many agencies are for all intents and purposes just like the government, but are exempt from FIA requirements. You'll have to get your state statute and then look it up. Of course, you should go ahead and ask for it anyway! If they deny your request under FIA (let's assume for a second that it somehow does apply to your job), they will tell you why and it will trigger reporting requirements.