Is an Employer Required to Release an Employment File to an Employee?
Full Question:
Answer:
Generally, unless required as part of a lawsuit or union or employment contract terms, an employer is not required to allow an employee access to employment records. Typically, the right of a third party to inspect business records falls under the rules of discovery when a lawsuit is filed. Business records can be requested through a request for production or requested to be brought with someone like a witness or person being deposed with a subpoena duces tecum.
Generally, the scope of discovery is broad and allows the other party to seek information that may lead to the introduction of relevant evidence. The court may limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.