Are Personnel Matters Supposed to Be Kept in the Personnel File?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“Hotel business – we have to submit a written request for leave – I entered request for leave (without pay) on Christmas day, 12/25 this coming year (I requested this in Jan of this year). I am senior person on staff and I was granted this request, and given a copy but lost the copy somewhere. At any rate the original I thought was kept in personnel files, now the manager is saying the leave was denied and I did not get permission. A coworker saw the permission granted slip before I lost my copy, where do I stand in this matter? Aren’t personnel matters supposed to be kept in personnel files???”

If your employer has a written request for leave policy, they are required to adhere to that policy. It would be better if you had the copy of your approval; however, your employer should have a copy of this somewhere – especially if they are now saying the request was denied. This is ultimately an issue between you and your employer, but if you feel you were wronged you may want to consult with an employment lawyer in your area who will be better able to advise you about your rights. You may also want to speak with someone else in your company who may be able to help mediate this problem.