Employment Law Alert – June 2019
Employees Gain New Right to Personnel Records
Effective July 1, 2019, employers will be required to provide certain portions of an employee’s personnel file to current or former employees upon request. On July 1, the amendments to Virginia Code section 8.01-413.1 take effect. Under those amendments, an employer is required to provide to an employee, or former employee, who requests in writing, all of the employer’s records reflecting the following information: (1) the employee’s duties of employment with the employer; (2) the employee’s wages or salary during employment; (3) the employee’s job description and job title during employment; and (4) any injuries the employee sustained during the course of employment with the employer.
Should an employer fail to comply with an employee’s written request, an employee may have a subpoena for those documents issued by the Court in which an eventual suit would be filed, or an attorney may issue a subpoena for such records in a pending lawsuit. If the Court determines that an employer willfully refused to comply with the written request or imposed an excessive charge for processing the request and providing copies, the Court may award damages for expenses incurred in obtaining copies, including a refund of any fees the employee already paid, court costs, and reasonable attorney’s fees.
The K&C Employment Team’s newest member, Neil Talegaonkar, will be available in the Answer Booth to respond to any questions about this new legal requirement at the final showing of the 35th Annual Employment Law Update at the Hampton Roads Convention Center on July 25. To register or for more information about this seminar, click here or call 757.624.3232.
The contents of this publication are intended for general information only and should not be construed as legal advice or a legal opinion on specific facts and circumstances. Copyright 2020.