Can i get copy of employment file

Asked almost 4 years ago - Williston, VT

they have said i was unhireable and i want to know why and whom label me as unhireable

Attorney answers (1)

  1. Todd D. Schlossberg

    Contributor Level 7

    Answered . It may depend on whether your employer was a private employer or a public (government) employer.

    If you are a private sector employee, Vermont state law does not give you the right to see or get a copy of your own employee or personnel file. If your employer had a written policy allowing employees to review their own personnel files, you may be entitled to ask to see it. (Check your employee manual or ask other employees). Even if there’s no policy permitting employees to review their file, it’s may still be worth asking. Some employers will provide employees with a copy of their personnel file upon request. However, if you were fired or left on unfavorable terms, it is unlikely that they will voluntarily give you a copy of your file.

    If you were a public sector employee (employed by the state, or by a county, city, or town), Vermont law requires that your employee allow you (or someone you designate) to review the information in your personnel file. See Vermont Statutes, Title 1, Section 317(c)(7).
    Ask the Personnel or Human Resource office what the procedure is for reviewing your file. If there is no procedure, ask in writing and keep a copy or your request so you have proof.
    Your employer is not allowed to release your personnel file to the public under the Vermont Public Records Law.

    Most employers are cautious about sharing information about former employees with other prospective employers. If you feel strongly that your employer may have included things in your personnel file that are untrue and could damage your ability to find other employment, you may wish to consult with a Vermont attorney who focuses on employment law, to learn more about your rights and options. If your employer will not voluntarily give you a copy of your file, a your only option may be to go to court to try to a copy of your file.

    One way to find an attorney who may be able to help is to call the Lawyer Referral Service operated by the Vermont Association for Justice. There is no charge for the service; the toll-free number is 800-585-8852.

    Good luck. I hope things work out as well as possible for you.

    Todd

    (Please note: This is meant as general information only, and, of course, does not establish an attorney-client relationship. If you want to learn more about your legal rights, I would recommend that you consult with an attorney).

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