West Virginia Employment Personnel Files and Evaluations Package
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How to fill out Employment Personnel Files And Evaluations Package?
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FAQ
No, state law does not require employers to provide any type of employee fringe benefits such as holiday pay, PTO, vacation pay, sick leave, etc. to their employees.
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.
They don't have to get your signature on it. They don't have to give you a copy. They don't have to put a copy of the write-up in your employee file. The main reason employers use written write-ups is to cover their heinies.
You have the right to inspect: Any personnel file that is used to determine your qualifications for employment, promotion, and raises, and. Any personnel file containing information leading to disciplinary action (including termination).
Generally, under W. Va. Code § 21-5-4, an employer must issue a final paycheck to a terminated employee within seventy-two (72) hours.
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.
The amendments provide a mechanism for an employee or his/her attorney to receive copies of personnel records, which fall into the categories above, within thirty (30) days of a written request for the records. The employer may charge a reasonable fee for the reproduction of the records in paper or electronic formats.
Only key HR personnel and designated company officers, like your chief operating officer (COO), should have access to employee personnel files.