Is it legal to request for a copy of my work file from a previous job?

Question

I was a medical resident (intern) in a hospital in WashingtonDC years ago and am requesting a copy of my file. They are ignoring/refusing me? What can I do? Should I take legal action? They are denying me credit for several months I worked there which is seriously affecting my current job and opportunities for advancement now.

Answer 1

Write a letter to the most senior person at the hospital, explaining that you need a copy of your work file.

It may be their policy to NOT provide files on former employees.

Explain that you are not getting credit for several months you worked with them and it is seriously affecting your current job and opportunity for advancement.

Answer 2

I believe that normally companies are the owners of your personnel file and have no legal obligation to show it to anyone. I don't know if that applies to a hospital, but I suspect it does.

And, if you think that what is in the file may help you on your current job, you might think again. Personnel files contain assessments of weaknesses, strengths and other issues which you are assuming will be complimentary. Normally, all an employer will do is to issue a reference of some type based on their experience with you. If you ever did get the file, they would not send it to you. They would send it to your new employer. Do you want that?

Having worked for a major corporation for a very long time, I can assure you than any recommendation they might choose to give will be far more complimentary than the gritty details of your work records.

So, where do I come down? Do not assume the file will help you even if you could get it. Do not spend money on a lawyer to get something you may not be entitled to and which, in the end, may be counterproductive.

I cannot see how the duration of your employment with them can affect your current job or advancement opportunities. However, I can easily see that your willingness to make a "federal case" over it could say many things about you that you may not wish to have said to your new employer.

Answer 3

Whether you sue or not, you need to find out why they are ignoring you. It could be that they need the request to come from a human resource manager, and they are not allowed to give a personnel file to an individual.

One way to find out what's going on, without suing, is to find a lawyer that is willing to make a phone call to their HR department and the hospital's legal department to find out if there are any restrictions on your file. Depending on the response, you will have a better chance on pulling together a case if you start without suing. A friendly phone call is going to help more than shutting the door.

Additionally, find out what your current boss is doing to get the file. Legally, they may have to originate the request, as I mentioned earlier.

I hope it works out for you.