Personnel files off-limits to private-sector workers

DEAR CARRIE: I am employed by a nationwide company whose home office is in another state. The company is secretive about the location and contents of my personnel file. I would like to examine the file because I suspect I have been the victim of age discrimination. I've applied for several promotions, and each time the position was filled with someone much younger and less qualified. I would like to examine my personnel file without alerting my employer to my suspicions, because I do not trust the managers not to tamper with my file. Are there any federal or state laws that guarantee me the right to inspect my personnel file?

- Legal File Lockup?

DEAR LEGAL FILE: Generally private-sector employees don't have the right to view their personnel files unless a state law, a union contract or an individual employment agreement gives them that right. Though some states give employees access to their personnel files, New York isn't one of them. By contrast, public-sector employees have access to their files, according to the American Civil Liberties Union.

Some attorneys maintain that granting employees access to their files promotes fairness and accuracy in the workplace because workers can view and correct any errors. If you believe you are a victim of age discrimination, keep detailed records and use those if and when you file a complaint with the U.S. Equal Employment Opportunity Commission.

DEAR CARRIE: I have a general question about the rights of an employee at a privately held company. The employee received a written final warning about his behavior. The person was told that "someone" complained again to management about something the employee had said. But the human-

resource manager said she couldn't tell the employee who complained or what the person said exactly. Instead the complaint against the employee is general. It says that employees can't "share personal info with others regarding co-workers or make comments about the company that can be perceived as derogatory." Also, the employee is chastised for "focusing on problems rather than solutions and failing to engage in active listening to fully understand other points of view or modifying their own position as appropriate."

Can a company fire this person without ever revealing who made the complaint and what the person alleged? It's impossible for an employee to defend himself or herself against such unclear accusations.

- Shadow Enemy

DEAR SHADOW:Based on what you've said, the situation sounds legal but hardly fair if the company's reticence doesn't help you understand what went wrong. Here's the legal side of the issue.

"Yes, assuming certain conditions exist, the company has the legal right to terminate the employee without telling him what was said or giving him the opportunity to defend himself," said Ellen Storch, counsel at Kaufman Dolowich Voluck & Gonzo in Woodbury. "As long as the company does not have a policy and the employee is not party to a contract that provides otherwise, the company has no legal obligation to provide details regarding the complaint. Moreover, assuming that the employee is at-will, the company can terminate him for any reason or no reason, with or without notice or warning."

I think the company did the right thing in maintaining the complainer's anonymity. That ensures people will speak up about workplace problems. But I believe the company should give you as much information as possible, short of compromising its policy of anonymity. Tell the HR person you need more details so you can avoid repeating the mistake.