If a previous or current employee requests their employment file (reprimands, etc.), as the owner of the business am I compelled to provide it?

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If a previous or current employee requests their employment file (reprimands, etc.), as the owner of the business am I compelled to provide it?

Asked on January 5, 2016 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you have no obligation whatsoever to provide this file, unless and only if there is litigation or a government investigation and you are subpoenaed (or some other legal process used) to access the file. Otherwise, it may be *about* the employee, but it belongs to you--it is YOUR file--and you are not required to share it.


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