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Civil/Commercial Litigation (Lawsuits)/Disclosure of HR personnel file?



Can an employer disclose individual incidents in a personnel folder to a new prospective employer?  I have heard that HR can only verify to the new employer the dates of employment and active status as currently employed or not.

In other words.....can any disciplinary actions against an employee be exposed to the new prospective employer that can obviously compromise your chances of a new job?


Greetings Joules,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

Furthermore, I see by your question that you are in Pennsylvania, and I do not practice in your State.

In my State, there is a statute that provides for a terminated employee's right to obtain their own employment file.  I am not aware of a Minnesota statute that prohibits a former employer's communications to prospective employers.  Your employer/former employer has free speech rights just like you.  Subject to limitations like defamation and any contractual provisions etc., I am not aware of restrictions on your former employer's communications.

I suggest that you find a local attorney licensed to practice law in your State.  For a fee of about an hour or so, I imagine such a practitioner can look up local statutes and other authority and give you particular legal advice that satisfies your curiosity.

I hope this helps, good luck to you.

Morgan Smith
Minneapolis, Minnesota
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith


Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.


I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at:

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J.D. William Mitchell College of Law, St Paul, MN

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