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May 2016 Archives

Personnel Files

Many of our clients ask whether a former employee has the right to review their personnel file. That question was recently addressed by the Commonwealth Court in Thomas Jefferson University Hospitals, Inc. v. Department of Labor and Industry, 131 A.3d 567 (Pa. Cmwlth. 2016). The Court initially recognized that the purpose of the Act is to acknowledge the right of both public and private employees to review files held by their employers that contain information about themselves. The Act provides in relevant part: "An employer shall, at reasonable times, upon request of an employee, permit that employee ... to inspect his or her own personnel files used to determine his or her own qualifications for employment, promotion, additional compensation, termination or disciplinary action." 43 P.S. § 1322. The Act defines an "[e]mployee as "[a]ny person currently employed, laid off with reemployment rights or on leave of absence. The term 'employee' shall not include applicants for employment or any other person." 43 P.S. §1321. The TJU Court was faced with a request that had come from a terminated employee seven days after she had been terminated.

National Business Institute (NBI) Video Webcast Seminar, "Charter School Law: The Ultimate Guide" - May 25, 2016, 11:00 a.m. - 6:00 p.m. E.S.T

Latsha Davis & McKenna, P.C. is pleased to announce that on May 25, 2016, from 11:00 a.m. - 6:00 p.m. EST, Kevin M. McKenna, Esq. [email protected] will be co-hosting an NBI (www.nbi-sems.com) national webcast seminar entitled "Charter School Law: The Ultimate Guide." Please use this link for registration and information: http://www.nbi-sems.com/Details.aspx/R-72452ER%7C?ctname=SPKEM

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