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1) A company is under no obligation to provide anyone, including the affected employee, with a copy of any write-ups, disciplinary notes, the personnel file more generally, etc. 2) The company's notes or write-up is not a legal document, and so have not legal effect per se.
Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
For example, the Ohio Constitution requires employers to maintain a record of the name, address, occupation, pay rate, hours worked for each day worked and each amount paid an employee for a period of not less than three years following the last date the employee was employed. Ohio Const. art.
There is no law in Ohio that requires an employer to grant an employee access to his or her personnel file. There are, however, two key exceptions: medical records and wage and hour records.
Five years is a good rule thumb for most health and safety records.
- In Ohio the answer is no. There is no law which would require an employer to permit an employee or former employee to view their entire personnel file. In other states, there may be statutes which provide an employee access to his or her personnel folder.
Employers should keep all job-related documentation such as hiring records, performance reviews, disciplinary actions and job descriptions in an employee's general personnel file. Consider whether the document would be relevant to a supervisor who may review this file when making employment decisions.
There is no law in Ohio that requires an employer to grant an employee access to his or her personnel file. There are, however, two key exceptions: medical records and wage and hour records.
Destroy paper and electronic personnel records and confidential employee data after the retention deadlines have passed. Because employment records contain confidential and sensitive information, employers should establish specific policies and procedures for disposing of records safely.