Is an Employer Required to Release an Employment File to an Employee?

Full question:

I live in Louisiana. As an employer am i required to release a entire employee file to an employee?

  • Category: Employment
  • Date:
  • State: Louisiana

Answer:

Generally, unless required as part of a lawsuit or union or employment contract terms, an employer is not required to allow an employee access to employment records. Typically, the right of a third party to inspect business records falls under the rules of discovery when a lawsuit is filed. Business records can be requested through a request for production or requested to be brought with someone like a witness or person being deposed with a subpoena duces tecum.

Generally, the scope of discovery is broad and allows the other party to seek information that may lead to the introduction of relevant evidence. The court may limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

An ex-employee may request their personnel file to review their work history, check for inaccuracies, or gather information for potential legal claims, such as wrongful termination or discrimination. Accessing this file can help them understand the reasons behind their termination and ensure that their records are accurate.