Are Florida Employers Required to Hand Over Personnel Files?May 16, 2023
Are Florida employers required to give an employee a copy of his/her personnel file if they ask for it?
Short answer- No.
Why would employees want their personnel file?
If an employee receives a write-up or some other type of disciplinary action, the employee may want to see what was placed in the personnel file. They also might want the opportunity to respond to whatever was documented.
However, in Florida, employers are not required to voluntarily turn over employee personnel files- regardless of whether it has confidential information.
For private employers in Florida, the reasoning is that the personnel file belongs to the company, and therefore does not have to be provided to the employee.
Of course, the answer might be different for public employers, employers in other states and if a subpoena for the documents have been served.
Have questions? Send me an e-mail.
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Disclaimer: The information on this website is for educational purposes only. The information does not constitute legal advice, and does not create an attorney client relationship with Karly Wannos, The Wannos Law Firm, P.A. or any other attorney employed by the firm. Karly Wannos is licensed to practice law in Florida only, and the information presented on this channel applies to Florida and Federal law only and is not otherwise state specific. Please consult with an attorney before making any important business related decisions. The contents of this post are owned by Karly Wannos, and cannot be duplicated or replicated without her express written permission. May be deemed an attorney advertisement.
The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws.
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