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themselves with documents and other evidence to support a challenge to a potential termination. Concerned employees are told to keep a record of workplace events affecting them, copies of performance reviews, disciplinary actions, wage history, and to keep track of informal comments by supervisors or others made about them. They are advised to ask to see their personnel file and make copies of any performance reviews or reports contained in the file. Providing access to an employee’s personnel file is mandatory in some states, and in some instances former employees can request a copy of their personnel file. For obvious reasons, personnel files should be carefully reviewed before being provided. Quite often documents that had no reason to be included were nonetheless made part of the personnel file.


Conclusion When providing information regarding a former employee, whether in response


About the Author


Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-law.com.


to a request by a prospective employer, requested by the employee personally, or as part of a state-mandated “service letter”, the rule is the same. As long as the information is truthful and provided in good faith, the employer should be immune from any defamation lawsuits.


This is one of those rare instances where the old saw “truth is a defense” truly applies.


FOUNDRY


EDUCATIONAL FOUNDATION


Te 2019 AFS CastExpo was a huge success! Over 150 FEF students learned about becoming an important piece of the metalcasting industry.


Shape the Metalcasting Community by supporting our students and partnering with FEF schools.


For more information: www.fefinc.org | 847-490-9200 May 2019 ❘ 25 ®


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