Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer, Get an Answer ASAP!

Freedom of Information Act (FOIA)

What is the Freedom of Information Act?

The Freedom of Information Act (FOIA) is considered a Federal Freedom of Information law that allows someone to receive the full or part of a disclosure of previously unreleased information and documents that are controlled by the United States government. This Act defines agency records to disclosure, outlines mandatory disclosure procedures and grants exemptions to the statute. Read below where many people have asked Experts online.

In the state of Pennsylvania can a previous employee search their personal file under the Freedom of Information Act from their previous employer?

The Freedom of Information Act is Pennsylvania states:
Pennsylvania’s Personnel File Act allows employer the authority to over look certain parts of their employment records for certain purposes. The purpose of the Personnel Files Act is to recognize the right of both public and private employees to over look the files that are held by the employee’s previous employers that contain information about the employees, and not to document the employee’s personnel files by the general citizenry of Commonwealth.

In the state of California how can someone in a school district find out why they weren’t considered for a teaching job and the district would not give the employee a specific reason for this decision?

There is nothing the employee can do in order to force the employer to provide this information to the employee. This would be considered a “personnel” and that is considered privileged information under the law. The employee although can try a Freedom of Information letter requesting the above stated information. But, the law does not release any personnel information. For more information on Freedom of Information Act requests ask an Expert for fast and affordable answers.

In the state of Texas within a municipality for a police department can a Written Reprimands be removed from a public employee after a certain amount of time?

Normally the discipline of police officers of department staff is public records to the amount that it can be requested in a Freedom of Information Act. This information cannot be removed from records, if someone was to request these records, there will be certain expectations to the information under the Freedom of Information Act that will be released. Someone that has a disciplinary record can make an argument that this kind of information can fall under the exception for invasion of privacy. This would all depend on the purpose of the request for this information.

In a private company how can someone get information on an employee of their personnel files and medication who has made false allegations about another person in order to get out of a contract?

The Freedom of Information Act does not apply to those who are in a private company. The employer as well as no legal authority to obtain another employees personnel file. Medication files are considered confidential and cannot be accessed by a third party. Even Human Resources has no legal obligation to be forced to obtain this kind of information.

Under the Florida Sunshine Law can an employee view or have copies of their personnel file even after they are no longer employed with that company?

Florida’s Government-in-the Sunshine law provides the employee to access governmental proceedings at both the state and local levels. If the employee wants to request their employment records and the company will not provide them this, then the employee can try a Freedom of Information request. This letter is to request the information that is stated on the employee’s personnel file. This request should be as specific to only one incident as possible. The employee must remember that the company does not have to provide this information with them on anything that the employee has not signed. The employee can make this request, but the company is not under law obligated to provide this information to the employee.

Often times when an employee is not longer employed with a company they want to receive their employment records and many other information. Often times those employers will not provide the employee with this sort of information, or the employer may provide information about an employee that does not need to be disclosed, that is invasion of an employee’s privacy. Employees can request Freedom of Information Act in order to receive this information. For more information on Freedom of Information Act ask an Expert.
Please type your question in the field below

5 verified Employment Lawyers are online now

Employment Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
Allen M., Esq.

Employment Lawyer

Juris Doctor, Cum Laude

★★★★★
13928 positive reviews
Online
Marsha411JD

Lawyer

Doctoral Degree

★★★★★
12754 positive reviews
Online
JB Umphrey

Lawyer

Juris Doctor

★★★★★
6273 positive reviews
See all Employment Lawyers