Do I have legal rights to see old work file?

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Specializes in Trauma ER, Peds.

Hi all, not to beat a dead horse but in a thread a couple of days ago I asked about this issue and didn't really get an answer. If I suspect a Do Not Rehire was put on my file by an old bully nurse manager can I go to the HR dept and request seeing my file and if DNR is on it ask for a reevaluation or something similar. I need this cleared up as I can't get work at my only local hospital! Thanks in advance.

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i guess it depends on the state you work in, in every state (right to work states) i've lived/worked in employers can and do whatever they want, only federal law protects you.

i'm not aware of any right to one's personal file (based on where i've lived/worked), but it can be had through discovery in litigation.

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Specializes in ICU, ER.

I'm no expert, but from what I learned when I owned a business, they have no obligation to show you your file.

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What you can do is have a friend of yours who works at another hospital call in for a bogus reference. They will hear it straight from the horses mouth and then you know not to use them again. I did this before and I confronted the manager and of course she lied. However, I knew never to use her for a reference. I always have 2 jobs going. One agency prn and one full or part time. It prevents gap in employment if you are unable to use a reference for one reason or another. Now if one happens to be a bad employee then they deserve to be a no rehire. However, we all know there are some crazy supervisors out there.

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Specializes in Geriatrics, WCC.

At least in MN, every employee has a right to see what is in his/her file. They may ask for copies and the copies need to be provided in a timely manner (these can be charged for). As for if an employer places a DNR note in your chart, that is totally up to them. They can decide that about anyone. I remember having worked for a company years back that even if someone left in "good graces", they would not be considered for rehire since they had left in the first place.

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I went to see an employment attorney 2 years ago... he said that in Michigan you have the right to see your file. You must request it in writing and they cannot remove anything from it. He said you also have the right to provide an anecdote to anything that exists in your file.

Perhaps an employment attorney might answer that question for free in the state in which you live.

Hope that helps.

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Specializes in Trauma ER, Peds.

Thanks, in writing I am going to request a copy of my file.

As to whether they can change anything prior to sending me a copy only they will know. This hospital has been getting the reputation for being poorly managed and loosing good staff because of it in a number of units, so I wouldn't put anything past them at this point.

Oh, the employment frustrations of being in a rural area!!!

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