If you ask HR for a copy of your personal file, can they withhold anything from you?

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If you ask HR for a copy of your personal file, can they withhold anything from you?

I asked my HR rep for a copy of my personal file. They gave me just my application and pay amount. I asked them for the employee handbook but they said it’s online and gave me that link. I also asked them for my job description. They asked why I needed it but I just told them I just want it. They then said the one with my file is old and there is a generic one for my position so I told them I just want the one attached to my file. HR ignored that and gave me the generic JD and I told them I want the one attached to my file when I was hired. It’s been a day and they haven’t responded.

Asked on August 2, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You do not have any right to your personnel file: it may be about you, but it belongs to the company. The company is under no obligation to provide anything to you, and it is voluntary on their part whether to provide you anything and, if they do, what to provide you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You do not have any right to your personnel file: it may be about you, but it belongs to the company. The company is under no obligation to provide anything to you, and it is voluntary on their part whether to provide you anything and, if they do, what to provide you.


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