Legal Question in Employment Law in Virginia
in the state of virginia, does an employee or an ex-employee have the right to view their complete personnel file? also, do they have the right to obtain a copy of their personnel file? thank you for your answer to my questions.
Asked on 9/20/09, 1:46 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Only if the personnel file had information relevant to a filed lawsuit and could then be subject to a subpoena or if the employer was a party to the suit and served with the adversarial party's Request for Documents as part of the pre-trial discovery process.
Otherwise, no, as a matter of Virginia law.(in my opinion). The employer or former employer, however, could still have its own policies/procedures governing these kinds of requests
Answered on 9/25/09, 9:13 am
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