I need applications from other employee's personnel files for evidence in a grievance case in West Virginia. The HR department has denied any access to these files. Is there a legal way to access these files? I need to show that these people were hired for a position did not qualify for.

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Originally Posted by totallylost17

I need applications from other employee's personnel files for evidence in a grievance case in West Virginia. The HR department has denied any access to these files. Is there a legal way to access these files? I need to show that these people were hired for a position did not qualify for.

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Nope.. that is their confidential, personal and HIGHLY private information. Just as yours would be. Does the term "Identity Theft" come to mind as one exceptionally good reason? If someone tried to get mine...they would soon have a lawsuit filed against them.

You might have to explain WHY this matters to you, and why you feel you need it. The employer determines if someone is qualified, or if they are willing to take a chance on them picking up the skills needed. They can always terminate them if they don't or can't. Some people show initiative and the ability to pick things up far better than some others. Employers see that and reward it.

Several of the jobs I've held... I was barely qualified for or technically not specifically qualified for when I got them, I quickly became one of if not the best person in that department. How else does anyone get a job? Because at some point NOBODY is qualified for the job they do in the beginning (especially recent College Graduates with ZERO practical experience in the field). And that applies to Union jobs as well as non-union. For a non-union job, you really have no case at all. I've done it in both types.

From the sound of your question, your employer is private with no union. As said, the employer decides who is qualified.
What do you feel determines your expertise in qualifications for a given job anyway?
Aren't you concerned that this kind of grievance could result in your next review being less than stellar?

1. I need to show that these people were hired for a position did not qualify for.
2. And you know that by??? Do you feel you were discriminated against?
3. Was this for a spelling test?

I doubt you can get LEGAL access to anyone's work records, even if you were considering a lawsuit.