West Virginia Legislature May Force Employers to Give Employees Access to Their Personnel Files

WVLegislature 3/10/09: In the West Virginia Legislature, HB 3032, introduced on March 10, 2009, would give employees the right to review their personnel files.  The legislation has not been passed, and in prior legislative sessions, essentially the same bill was introduced without having been passed.

Many people have the incorrect understanding that, in West Virginia, an employer is legally required to allow an employee to review the employee’s personnel file. There is currently no such legal requirement, but the pending HB 3032 will change that if it is passed.

You can review the full text of the bill, and monitor its status on the Legislature’s site.

Update 8/1/10: As of this date, the West Virginia Legislature has not passed this bill. There is still no general requirement forcing employers to show employees their personnel files.

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Drew M. Capuder

Publisher of Drew Capuder's Employment Law Blog. Lawyer with more than 29 years experience, focusing on employment law, commercial litigation, and mediation. Extensive trial and appellate experience in state and federal courts. Call Drew at 304-333-5261
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2 thoughts on “West Virginia Legislature May Force Employers to Give Employees Access to Their Personnel Files”

  1. Al: Thanks for your question. The answer is yes–we will be posting news items on important legislation both when it is introduced and when it is passed (if that is what happens). So we will post a separate article if and when the personnel records bill passes.

    Thanks again, Drew Capuder

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