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What do I have a right to see in my personnel file?

Discussion in 'Termination: Firing & Resignation' started by unwed12, Sep 2, 2018.

  1. unwed12

    unwed12 Law Topic Starter New Member

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    I was teaching in a Catholic school. Taught there for 8 years. Had a disagreement with the pastor and principal over a discipline matter concerning a student who had committed felony property damage to the private property of another staff member while on school grounds (they were choosing to take no disciplinary action against the student, there were eyewitnesses to the event). Was told to stay home for the final two weeks of school. I sensed things would go south and requested my personnel records. There was nothing negative in the files I received and the evaluations were all positive. Both the pastor and principal told me they thought I was a great teacher and knew all the kids loved me but their school was no longer the right fit for me. I moved on, but it was recently brought to my attention that my personnel file did contain negative items that I was not aware of and it was because of these that the decision was made to non-renew my contract. Did I have a right to know what was in my personnel file and do I have a case for unlawful termination?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No.

    Kentucky provides no such statutory right to private employees, only to civil service.

    That depends on the terms and conditions of your contract. What does it say about renewal?

    My guess is that the employer has the option to renew but not the obligation and can decline to renew for any reason, even a bad one.

    File for unemployment.
     
  3. cbg

    cbg Super Moderator

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    AJ is correct. As an employee of a private employer, they didn't have to show you even what they did; they could have said, No, you're not seeing anything in your personnel file and in Kentucky that would be quite legal.

    As far as the law is concerned no, you do not have anything resembling a case for unlawful termination. As far as both Federal and Kentucky law is concerned (and, for that matter, the laws of every other state as well) your termination was quite lawful. If your specific contract has language in it regarding renewals and the contract has been violated, show it to an attorney and follow his advice. Otherwise, file for unemployment and look for a new job.
     

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