Documentation of job perfomance

I was an account executive for a mortgage lender and was recently laid off due to adverse market conditions. Prior to the market downturn, I was a very good and consistent performer.

Many of the jobs that I am currently applying for are requesting documented proof of my performance.

When I asked the company for that documentation, they told me that they typically do not release such information, not even to me.

Can I compel the company to provide me with documentation regarding my job perfomance?

2 answers  |  asked Oct 3, 2007 12:32 PM [EST]  |  applies to Pennsylvania

Answers (2)

Harold Goldner

Regardless of your rights to access to your personnel file, most employers will NOT provide any references other than: (1) dates of employment and (2) position held.

The reason is that employers are afraid of the costs associated with any claims that they somehow defamed a departing employee. While there is limited privilege in checking references, most employers do not want to worry about what former supervisors are saying so they keep them on a short leash.

In other words, in this particular instance, that policy, which is usually for the best, is working to your detriment.

Please recognize (as Chris says) that we are only reviewing your brief post, and cannot provide you legal advice upon which you should rely without a formal consultation, any more than you should take medication prescribed by a doctor who does not examine you.


posted by Harold Goldner  |  Oct 3, 2007 1:54 PM [EST]
Christopher Ezold
After your employment is terminated, you have no right to your personnel information.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, after your employment is terminated, you have no right to your personnel information. In Pennsylvania, a current employee has a right to review their personnel file (or any file that contains normal personnel information). Once you have quit or been terminated, that right evaporates. Therefore, you have no right to compel your employer to provide any information about you.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Oct 3, 2007 12:43 PM [EST]

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