Legal Question in Employment Law in Pennsylvania
Job Eliminations
On January 20 we were supplied with a WARN letter preparing employees of mass layoffs and job eliminations. The background is that 2 department stores within 1 mall setting exist, one will be divested, and the other will stay. The company had said all along that our jobs were secure, since the other store was an aquisition into our parent company. However, we are now being told that we all must reapply for our positions. We had to respond by January 22. Some will get to stay, others will receive severance or if qualified, may take an early retirement. We have been told that our 2004 performance review will be the standard in the decision making process. In 2004 if you were on counseling for any reason, you will be severanced. We will be notified by February 24 who will be going forward with the company and who will not. In fairness to the employees, should they not also furnish us with photocopies of our 2004 review so that if we do not meet or exceed the desired standard we can focus on preparing ourselves for departure? It appears to be something that should have been included in my opinion so that many long service employees could either make plans for their future, or rest in the fact that they do meet the company standard.
1 Answer from Attorneys
Re: Job Eliminations
In Pennsylvania you are entitled by law to review your personnel file _at the location where the file is maintained_. The company does not have to provide you with a copy or even a way to make a copy but they must allow you to examine your personnel file.
They also do not have to provide a copy of the personnel review in connection with the WARN letter. I agree with you that it would have been thoughtful, but it would have been a logistical nightmare. Especially considering that employees should be demanding a copy of the performance review for their own files when the annual review is completed.
I would be happy to assist you with this matter or any other legal matter. You can contact me at [email protected].
Regards,
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