Wrongful termination and providing details in my personnel file

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Wrongful termination and providing details in my personnel file

My employer fired me wrongfully. They have determined that I have enough information to convene an ‘impartial’ review board. However, they are refusing to provide me with my personnel file information in order to produce my statement. How can I get this information?

Asked on July 1, 2018 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The personnel file may be about you, but it belongs to the employer; they do not need to provide it to you (the same way you do not need to provide them any notes you made for yourself regarding this issue or your employment generally) unless and only if a legal action (lawsuit) is filed against them and you use the legal process of discovery (e.g. written interrogatories or questions, document production requests, and/or subpoenas) to obtain the file. Only in a lawsuit--not a mediation or "review board"--can production of the file be compelled.


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