Deciphering The Scope Of The Pa. Personnel Files Act

Law360, New York (August 9, 2016, 11:21 AM EDT) -- Can a former employee be a “current” employee? The Pennsylvania Supreme Court has agreed to consider this seemingly simple question. The answer may impact the advice that attorneys for both plaintiffs and defendants give their clients about potential claims related to employee terminations.

The Ambiguous Personnel Files Act

Enacted in 1978, the Pennsylvania Personnel Files Act (PFA) is intended to allow employees to review files that contain information about them. The law provides that:

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...

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