Kermitsex_small
Reputation: 2421

Copies of employee files?

I've never needed access to my employee files before, but l had some major issues with my work and at one point was sexually assaulted by one of the clients and would like a copy of the official complaint l filed with the company following the incident. I also have some issues with the way the company handled it, meaning they kept him as a client and continued to send him female caregivers, after my complaint and an issue with a previous caregivers before me. Do l have a right to request duplicates of my paperwork for insurance purposes? Also, does anyone know if this is legally actionable?

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3 Answers

  • _mg_6294_small
    Reputation: 39

    You have a right to "inspect" your personnel file (even if you are a former employee). That file must be made available to you "locally". Most companies will simply give you a copy; others comply only with the letter of the law and will allow you to come and "inspect" in a conference room.
    In terms of the legality of the conduct, the company had an obligation to take prompt and effective remedial action in response to your assault allegation. If it failed to do so, they may have "ratified" the assault and, thereby, face liability. Obviously, this is WAY more complicated and depends on various facts. This does not constitute legal advice and there is no attorney-client relationship here on Questionland.

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  • Hey_girl_hey_small
    Reputation: 1383

    Sounds like a terrible situation, I am sorry. This is your best resource for information on your right to access your file:

    http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/PersonnelRec/default.asp

    Basically you have a legal right to inspect your file at least once per year.

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  • Cats_small
    Reputation: 891

    I know that I can request a copy of my personal file from my employer, I guess it even includes the background check they did on me.

    You may have the same privilege. I'd say just request it from your HR person, you shouldn't need to indicate why you want it. Just say it's for your personal files.

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