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Typically, employers are allowed to share general information regarding your tenure with their companiesthings like your dates of employment, job title, and responsibilities, all which serve to confirm your employment and validate the things you likely provided on your resume for potential employers.
How long should I keep employee personnel files? You should keep an employee's personnel files for six years after the employee has left your organisation. The reason for this is that up until six years has passed, the former employee may sue you for breach of contract in the county court.
Pennsylvania Unemployment Compensation Law requires an employer to retain for four years all employment and payroll records and supporting evidence relating to unemployment compensation applications and to retain daily attendance records for two years.
In many cases, if you were fired or terminated from employment, the company can say so. They can also give a reason. For example, if someone was fired for stealing or falsifying a timesheet, the company can explain why the employee was terminated.
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.
All paper personnel records and confidential employee data maintained by the HR department will be destroyed by shredding after retention dates have passed; this procedure pertains to all personnel records, not just those governed by the Fair and Accurate Credit Transactions Act (FACTA).
In fact, employers are legally permitted to say anything in a reference about a former employee's performance that is true, and in Pennsylvania, there is employer immunity by statute (that is, immunity from liability, not from being sued and having to respond).
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.
What Does an Employer Ask When Calling a Previous Employer?Employment Dates. One of the most common reasons a prospective employer calls the candidate's former employer is to verify employment dates.Salary Verification.Rehire Eligibility.Performance.Purpose of References.
Examples of items that should not be included in the personnel file are:Pre-employment records (with the exception of the application and resume)Monthly attendance transaction documents.Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.More items...