Maryland Request to Review Personnel File

State:
Multi-State
Control #:
US-224EM
Format:
Word; 
Rich Text
Instant download

Description

This form is used by an employee to request review of employee's personnel file.

How to fill out Request To Review Personnel File?

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FAQ

In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.

Legally, they can say anything that is factual and accurate. Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary.

As an employee, do I have a right to see my personnel files? The short answer is 'yes'. You have a right to make a SAR to your employer, asking to see your personnel files, at any time. Your employer has the right to ask why you want to see your files, but must then provide all your records to you.

An employee's personnel file usually contains information related to their performance, salary, and any investigations of misconduct or medical issues. As a result, these records are generally considered private and can be accessed by only the employer and the employee.

There are no federal laws restricting what information an employer can - or cannot - disclose about former employees. If you were fired or terminated from employment, the company can say so. They can also give a reason.

Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.

There is no Maryland law that provides that an employer can only provide dates of employment and position held in response to a reference inquiry. An employer, under Maryland law, can provide an employee reference that may not be true but not considered defamatory because of a qualified privilege.

What Information can an Employer Release for Employment Verification?Job performance.Reason for termination or separation.Knowledge, qualifications, and skills.Length of employment.Pay level and wage history (where legal)Disciplinary action.Professional conduct.Work-related information

General information, such as hire and termination dates. Information about the employee's job performance. The reason for the employee's termination, if applicable. Examples of misconduct or workplace violence, especially if a minor or vulnerable adult was put at risk.

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Maryland Request to Review Personnel File