attorney asked us to send a copy of personal file. what should that include?

Why do lawyers advise clients to keep copies of documents?

Jul 11, 2012 · There are three ways to respond to requests from former employees: (a) let the former employee return to work and review his or her file under the watchful eyes of a human resources (HR) representative; (b) send the employee copies of the document that he or she is entitled (by statute) to have; or (c) after getting the advice of HR or your attorney, send a copy …

Can a former employee get a copy of a file?

If files are in electronic or any other nonprint format, employer must provide equipment for viewing and copying. Copying records: Employee entitled to one free copy of personnel file during each calendar year, including any material added to file during that year. Employee must pay for any additional copies.

Do I have to give my personnel information to my attorney?

Frequently, lawyers contact the State Bar’s ethics helpline to ask how to respond to a former client’s request for copies from the lawyer’s file maintained during the . Therepresentation request for a “complete copy” of the file might be made when the …

Do lawyers need to store client files permanently?

Oct 15, 2015 · Delays in surrendering the client file can and often do harm the client’s interests, especially when there is an imminent deadline or statute of limitations to meet. Responding promptly to requests for client files should be a top priority for the lawyer and his firm. The state ethics rules do not require a hard copy transmission of client files.

What is included in personnel file?

Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.Oct 7, 2020

What is not required in the personal file?

Examples of items that should not be included in the personnel file are: Pre-employment records (with the exception of the application and resume) Monthly attendance transaction documents. Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.

Can I see my personnel file?

Effective January 1, 2013, California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee.Jan 1, 2013

How do I write a letter requesting personnel file?

I am seeking complete copies of the following:My personnel records maintained by [Acme Corporation] that relate to my performance or to any grievance concerning me. ... Any instrument signed by me relating to the obtaining or holding of employment. ... Any and all of my payroll records and wage statements.Aug 17, 2020

What are examples of personal files?

Examples of these are letters, emails, diaries, photographs and daily planners. Personal records also include things like student identification cards and drivers' licenses. Dance cards, in which people kept a record of their dance partners at various social events, could be considered a type of personal record.Aug 23, 2006

Should personnel files be locked?

According to OPM guidance, agencies should secure personnel records against unauthorized access at all times by keeping them in locked metal file cabinets or in a secure room when not in use.Sep 29, 2006

Should you keep copies of ID in personnel files?

If the employer chooses to make copies of documents, copies must be made and retained for all employees, regardless of their national origin or citizenship status, to avoid violating antidiscrimination laws. ... Copies must not be used for any other purpose.

How long can an ex employer keep your personal information?

For former employees, it will most likely be fine to keep personnel files for no longer than one year after termination of employment.Feb 23, 2018

What should be in a HR personnel file?

What to Keep in a Personnel Filejob description for the position.job application and/or resume.offer of employment.IRS Form W-4 (the Employee's Withholding Allowance Certificate)receipt or signed acknowledgment of employee handbook.performance evaluations.forms relating to employee benefits.More items...

Can I request a personnel file?

Current employees can request copies of personnel files at least annually and an ex-employee can request access to their files once after termination of employment. ... The employer may require the employee to pay the reasonable costs of duplication of documents.Mar 20, 2021

How do I request a document from HR?

Request Letter FormatThe full legal name of the person to whom the letter is sent.Address of the person, official address.All the necessary details of the person.Salutation can be formal and respectful.The body of the letter should address the purpose of the letter as clearly as possible.

How do I ask my employer for a document?

How to request an employment verification letter from your employerAsk your supervisor. ... Contact the human resources department. ... Ask for a template from the third party. ... Review company policy. ... Include all the necessary details. ... Request it in writing. ... Ensure that it has a handwritten signature.Aug 31, 2021

What does it mean when a state has no statute?

If the chart above indicates that your state has no statute, this means there is no law that specifically addresses the issue. However, there may be a state administrative regulation or local ordinance that does control access to personnel records. Call your state labor department for more information.

What are personnel files?

Sometimes, however, personnel files hold other items that employees may never have seen, such as references from previous employers, comments from customers or clients, write-ups of coaching or disciplinary meetings, or memos of management's observations about an employee's behavior or productivity.

How long does it take to get access to employee records?

Employee access to records: Employee or former employee has right to inspect personnel records relating to performance or to a grievance proceeding, within 30 days of making a written request for records. Employer may redact the names of any nonmanagerial employees.

Can an employee inspect a personnel record?

Employee access to records: Current employee, employee who is laid off with reemployment rights, or employee on leave of absence may inspect personnel record; employee's agent is not entitled to have access to records. Unless there is reasonable cause, employer may limit access to once a year.

Can an employee have access to personnel files?

Employee access to records: Employee may have access to personnel file at time agreed upon by employer and employee. Conditions for viewing records: Employer's representative may be present. Copying records: Employer may charge copying fee for each page that is equivalent to a commercial copying service fee.

Nicholas Charles McGowan

You have the right to obtain any documents in your file. In fact, our office sends them automatically to our clients as we either mail, fax, or e-mail them, etc. , so our clients don't even have to ask us for them.

Samuel John Edmunds

Yes absolutely. It’s your file. You can ask for a copy of any document or the entire file. Your lawyer’s office could charge you a fee to copy the records, but most lawyers will do it for you for free.

Fred T Isquith

Absolutely you can you’re entitled as a client to your entire file if you want it

Patrick McCullough

It should not be an issue as it would be unethical for any attorney not to supply you with any and all portions of your file.

Jeffrey Mark Adams

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Alan Baker

Yes you can ask your attorney for a copy of the demand letter or any other documents in your file.

Gerald Gould Knapton

California's Rules of Professional Conduct 3-700 applies to this situation. Here is how it reads:#N#"D) Papers, Property, and Fees.#N#A member whose employment has terminated shall:#N#(1) Subject to any protective order or non-disclosure agreement, promptly release...

John R Gorey

I agree with the other contributers in their assessment of your rights. The key question is whether you have discharged the attorney or not. If you have discharged the attorney, then the original file is yours and the discharged attorney would be responsible to pay for copying the file.

Pamela Koslyn

If your case has resulted in a large file, then a week isn't unreasonable, and for the same reason, the lawyer may not be able to devote a staff member and their copy machine to getting you copies faster than a week. One deposition transcript alone can take someone hours to copy...