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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20229
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am an employee that was in the banking industry over 37

Customer Question

I am an employee that was in the banking industry over 37 years. My job was eliminated. I accepted a position with a company that has only been in business for Eight Years.
This is an interesting company that lacks experience on many issues regarding employees rights. I started 04-20-2015 and by Sept 2015 after receiving many verbal Kudos was advised that I was being reviewed for an increase in Salary. At the time there were three tiers of salary increases. I qualified for movement into the 2nd tier based on production call numbers that I surpassed. The email I received stated that A Q&A would take place. After several weeks I asked my team lead to check on this. She saw the email and I never received info, reasons, or the increase. The employee that stated this is no longer my manager. I am used to receiving an annual review and my entire work history (40) years I received an annual raise. In June 2016 I was asked if I would be interested in moving to a dept on a temporary trial basis. (2) of us moved into this dept that contains salaried employees making more income. As I have not seen internal postings, I went to the company website, saw the job description, title and dept that I am in. I applied for this position, (since I know the job now) stating that I was a current employee and never received a response from the application. I have asked the manager that my salary is coming out of several questions with no firm answers.
I asked the person that trained me how I was doing and she praised me. When I ask when I will know I am getting pushed off with "Maybe this month".
I have two questions.
1. Do I have a legal right to see my personnel file for it's contents (with an HR Rep)?
I want to see if anything is documented in terms of compliments, statements regarding salary increase decline and an application to move ahead in a department that advertised a job opening on the outside of the company.
2. Are there any laws requiring employee/management annual reviews? There always were in the banking industry. In the banking industry as well with many other companies I have found that they hire from within first. Is this company driven or a law.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your questions. I will address each below.

1. Do I have a legal right to see my personnel file for it's contents (with an HR Rep)?
I want to see if anything is documented in terms of compliments, statements regarding salary increase decline and an application to move ahead in a department that advertised a job opening on the outside of the company.

Although some states do require employers to allow access by employees to their personnel records, Ohio is not one of those states. However, your employer might have an internal policy that does allow for access under certain conditions and at certain times. You should check in your employee handbook or check with HR. Otherwise, the only time the employer can be forced to provide these records is if they are sued or the government is auditing them.

2. Are there any laws requiring employee/management annual reviews? There always were in the banking industry. In the banking industry as well with many other companies I have found that they hire from within first. Is this company driven or a law.

Like in the situation above, there is no statute in Ohio, or in any state for that matter, that requires that non-government employees be given an annual or other periodic review. If there is a union bargaining agreement or company contract that requires such a review, then that would be a contractual issue and not a statutory issue.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above (or pop up), I will receive credit for assisting you today. Thank you