Legal Question in Employment Law in Illinois

I was recently forced to resign from my job despite great monthly reviews and a great yearly review a week before termination. I filed a FOIA request to get my personnel file so that I could have the writtens reviews when I start to interview however my former employer told me I could only get the monthly reviews. They stated that because the yearly review was newly implemented by my former manager (the manager retired after my review) that it was exclusionary. Now, none of this makes sense to me. Why can't I see that review, and is this legal? I feel they don't want me to have it because it makes them look bad for getting rid of me (unsupported, which it is). What should I do?


Asked on 2/22/12, 2:46 pm

1 Answer from Attorneys
Jeffrey Whitcomb www.whitcomblawfirm.com

Filing a FOIA is not the way to go. You should review the Illinois Personnel Records Review Act. Here is a link to the Department of Labor, where you can find the Act and Complaint forms, if the employer fails to comply. http://www.state.il.us/agency/idol/laws/law40.htm

Bottom line is you should be able to obtain copies of everything.

Good Luck.

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Answered on 2/23/12, 6:01 am


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