As an employee, it is important to be proactive in understanding your rights under a contract. By doing so, you position yourself to be protected from consequences that may arise as a result of signing various personnel agreements such as non-competes and employment contracts.
Which Documents Shouldn’t Be Kept in Personnel Files?
It is important that certain documents are not kept in your personnel file. Such documents include:
- Medical records
- Immigration records, and personally descriptive information unrelated to your job or job performance.
Which Documents are Permitted in Personnel Files?
Documents that are permitted in personnel files include:
- Work-related injuries and illnesses
- Tax withholding statements
- Vacation and sick day accruals
- Employee benefit records
- Customer complaints
- Write-ups
- Evaluation records
- Recommendations related to the employee
Should Employees Have Access to their Personnel Files?
The United States does not have any federal regulations mandating that private or public employers grant past or present employees access to their personnel files, therefore leaving discretion to the individual states. However, Fla. Stat. § 435.10 permits employers to share employees’ personnel files with other employers. While retrieving personnel files can be as simple as asking your employer for them, this is often easier said than done.
What Rights Do Public Sector Employees Have in Florida?
Florida is amongst the list of 23 states that grant certain rights to public employees. The Florida Public Employees Relations Act (PERA) governs the right of city, county, and state employees to organize and collectively bargain, as guaranteed by Fla. Const. Art. I, § 6. It can be strongly argued that the right of employees to ask for copies of agreements in Florida falls under PERA in terms of needing to negotiate the terms and conditions of their employment. However, this is heavily debated and allows employers flexibility in their duty to disclose. An exception exists with general employment records contained in public records. Additionally, the Freedom of Information Act (FOIA) provides any person the right to federal agency records albeit with certain exemptions.
Overall, certain rights are maintained by public sector employees in protecting them from their employers such as the right to bargain and unionize.
Additionally, employees’ rights to ask for their personnel files can vary by industry. For example,
Fla. Stat. § 1012.31(e) specifically dictates public school system employees’ right to personnel
files. If you’re wondering whether your industry has specific regulations on the distribution of
personnel files, contact one of our experienced employment lawyers today for a free consultation
and see where you stand!
What Rights Do Private Sector Employees Have in Florida?
Overall, private sector employees are much less protected in their right to access employment agreements from their employers than public employees are. Different terms of employees’ obligations and employers’ rights can be outlined in the employment terms and company policies. While this would be dealt with on a case-by-case basis, the general rule is that private sector employees do not have a right to their personnel files. Therefore, it is advised that private sector employees act diligently when signing company agreements and consult an attorney where applicable. While at the employers’ discretion, it would be advised that employees request copies of agreements while in good graces with their employer and not when things turn south.
What Actions Can I Take?
As an employee in Florida, the limited rights afforded to you may appear frustrating and leave
you wondering what to do next. At EPGD Business Law, we understand this frustration so have
made your privacy our priority. Contact one of our experienced lawyers today to discuss your
specific situation under the umbrella of employment and labor law.
Lastly, we encourage you to contact your members of Congress and demand that they protect the
rights of laborers in their legislative priorities.
