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

UPDATED: Jun 16, 2011

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UPDATED: Jun 16, 2011Fact Checked

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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