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. Will you be updat­ing your news page on whether this leg­is­la­tion pass­es? Thanks for the infor­ma­tion on your site.

  2. 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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