Is an employer required to provide copies of time cards and schedules upon requestby a previous employee?

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Is an employer required to provide copies of time cards and schedules upon requestby a previous employee?

A previous employee is requesting copies of a year and a half worth of time cards and schedules. Is an employer legally required, federally or by state law, to comply with this request?

Asked on June 16, 2011 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, no--an employer is not required to provide copies of its personnel files, including time cards, schedules, etc., to a former employee simply upon request. To get access to this material, the former employee will need to invoke legal process. To do this, either he or she must sue the company (such as for an asserted wage and hour law violation), at which point he or she can use the tools of discovery (document requests, interrogatories, subpoenas, etc.) to get the information; or alternately, he or she could contact the federal or state department of labor and see if the DOL will take up his or her case and use its powers to get this material as part of an investigation. So if the employee succesfully invokes legal process, then the company will have to comply.


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